Central Information Commission
CIC/OK/A/08/00640-AD
Dated May 14, 2009
Name of the Applicant : Mr.Sanjiv Seth
Name of the Public Authority : NER, Gorakhpur
Background
1. The Applicant filed an RTI application dt.16.7.07 with the CPIO, NER,
Gorakhpur. He requested for information against 6 points related to the DPC
meeting held on 28.6.07 to consider the case of his younger brother Mr.Rajiv
Seth, ACM/TC/BSB. The CPIO replied on 1.10.2007 stating that the DPC
proceedings and other documents are denied under section 8(i)(d) since the
disclosure is not in public interest. The CPIO again wrote on 21.8.07 stating
that some of the information can be collected after depositing Rs.8/- towards
photocopy charges. However, the Appellant did not avail this opportunity to
get the information. (Copy not in file) Not satisfied with the reply dt.21.8.07
the Applicant filed an appeal dt.19.11.07 with the Appellate Authority. The
Appellate Authority replied on 15.2.08. Aggrieved with the reply, the
Applicant filed a second appeal dt.4.3.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 14, 2009.
3. Mr. A.K. Srivastava, Dy. CPO/G cum PIO, Mr. P.K. Rai, SDGM/NER cum
Appellate Authority and Mr. Alok Kumar, DGM/G cum CPIO represented the
Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. After reviewing the information provided, the Commission denies disclosure of
DPC proceedings with regard to Mr. Rajiv Seth and also Mr. Seth’s ACR to the
Appellant under section 8(i)(j) since it is information belonging to a third
party and its disclosure would result in unwarranted invasion of privacy of the
individual. As far as points 4 and 5 are concerned, the information sought
does not fall under the definition of information under section 2(f) of the RTI
Act. All other information has already been provided to the Appellant.
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Sanjiv Seth
Railway Bungalow No.129
Opp. Loco Ground
Dairy Railway Colony
Gorakhpur 273 001
2. The CPIO
North Eastern Railway
O/o General Manager
Gorakhpur
Gorakhpur 273 012
3. The Appellate Authority
North Eastern Railway
O/o General Manager
Gorakhpur
Gorakhpur 273 012
4. Officer in charge, NIC
5. Press E Group, CIC