Central Information Commission
CIC/OP/A/2009/000333
Dated March 15, 2010
Name of the Applicant : Shri Umakant Prasad
Name of the Public Authority : Ministry of Railways
Background
1. The Applicant filed an RTI application dt.16.10.08 with the PIO, Ministry of Railways
seeking information against 10 points with regard to issues related to SC/ST
employees. The APIO replied on 8.12.08 enclosing the information against points 3 to
10 received from the concerned Directorate. He also added that information against
rest of the points would be furnished as soon as it is made available to the office. Not
satisfied with the reply, the Applicant filed an appeal dt.24.12.08 with the Appellate
Authority stating that the PIO had refused the information and requested the
Appellate Authority to do the needful. On not receiving any reply, he filed a second
appeal dt.30.5.09 before CIC stating that although he had sent Rs.120/- for 60 pages
of information, no reply has been furnished to him.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for March 15, 2010.
3. Shri R.D.Choudhury, PIO, Shri K.Biswal, EDE, Shri R.B.S.Negi, EDE, Shri S.Sarkar, JDE
and Shri Koshy Thomas, Jt. Director PC.II represented the Public Authority.
4. The Applicant was heard through audio conferencing.
Decision
5. Shri Choudhury submitted that on 4.11.08 the Appellant was requested to deposit
Rs.120/- and on receipt of the same on 25.11.08, an interim reply was provided on
8.12.08 and further information was provided on 5.1.09. He further added that the
first appeal dt.3.2.09 was received on 10.2.09 and was disposed off by the Appellate
Authority on 26.5.09 after collecting information from various Directorates
6. The Commission was able to establish contact over the phone with the Appellant only
after the Respondents left after their submission before the Commission . The
Appellant commented on the information provided by the PIO and the Appellate
Authority against each point. He stated that the Master circulars and IR Establishment
Manuals are not available in the market. In the case of point 3, in respect of
information provided about Shri V.Lakshmi Narayan and others versus Union of India
and others, only 4 pages of information out of 60 pages provided to him after payment
of Rs, 120 were found to be of relevance. The Appellant pointed out that while he had
asked for information about implementation of the decision of the CAT’s FB decision
dated 27.2.92, 56 pages of information related to the period prior to 27.2.92 and
contained nothing about implementation . He also added that in the absence of file
notings sought against point 4, the PIO has not bothered to provide the instructions
issued to Zonal Railways under RBE nos. 114/97 and 113/97, which he had
mentioned in his reply dated 5.12.08, and requested for copies of those instructions.
The Points 5, 6 and 9 of the RTI application according to the Appellant are linked since
all of them relate to issues related to SC/STs employees. The Appellant wanted to
know whether the Railway Board’s letter as given in the point 7 is obsolete or not. He
also added that information provided against point 10 is completely wrong and what
has been contented in the answer of the PIO does not exist in the Eastern Railway.
7. The Appellate Authority, in his letter dated 26.5.09 was found to have addressed all
the points. Against point 4 he pointed out that the Appellant had not requested for
DoPT Guidelines and the Rly. Instructions. Hence the same were not furnished. The AA
also explained against point 8 that it is clear from the language in the question matter
of his point is directed towards pertaining to Eastern Railway. As for point 9, the
Appellant has not enclosed any allegations against the E. Rly. and hence comments as
such cannot be provided. He invited the Appellant to visit the office and inspect files
and take copies of documents if he so desires.
8. On perusal of the various dates on which information was provided as also the second
appeal, it is clear that the Appellant had not received the final reply dated 26.5.09
furnished by the Appellate Authority, a copy of which was handed over to the
Commission during the hearing. After giving due consideration to the appeal the
Commission directs the Respondents to provide the information on an affidavit , to the
Commission with a notarized copy to the Appellant by 30 April, 2010.
(i) Attested copies of DoPT Guidelines and Instructions to Zonal Railways may be
provided.
(ii) Available information against points 5 to 10 based on submission by the
Appellant to the Commission during the hearing as mentioned in point 6. (The
reply of 26.5.09 may be transferred to an affidavit). Where concerned files
need to be constructed , the same may be done.
Rs. 112/- may be returned to the Appellant in view of 56 pages of irrelevant
information supplied to him. The RTI application may also be transferred to PIO,
Eastern Railway, Kolkatta within 5 days of receipt of this Order with a request to the
PIO Eastern Railway, Kolkatta to provide the information directly to the Appellant with
regard to concerned points .
9. The information should reach the Appellant by 10.5.10 and the Appellant to submit a
compliance report to the Commission by 15.5.10.
10. The PIO to also showcause as to why a penalty of Rs.250/- per day should not be
imposed upon him for not responding to the RTI application within the mandatory
period. The response to reach the Commission by 20 April, 2010. The appeal is
accordingly disposed of.
11. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Umakant Prasad
Advocate
Bari Kali Mandir Marg
Sadar Bazar
Jamalpur (Munger)
Bihar 811 214
2. The PIO
Ministry of Railways
O/o Executive Director (EN) and CPIO-I
Railway Board
Rail Bhawan
New Delhi
3. The Appellate Authority
Ministry of Railways
O/o Adviser (IR)
Railway Board
Rail Bhawan
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC