Central Information Commission
CIC/AD/A/2009/001547
Dated 8th February, 2010
Name of the Applicant : MR. SAYED KHALID AHMAD
Name of the Public Authority : N. E. RAILWAY, GORAKHPUR
Background
1. The Applicant filed his RTI request on 02.02.09 with the PIO, Dy. Chief Engineer,
Gorakhpur Division, North Eastern Railway stating that he had filed 3 representation
dated 30.01.97, 03.02.97 and 16.06.06 and that he has not received any reply to
those representations. In this connection the Applicant requested for information
against 9 points. The PIO replied on 08.06.09 providing point wise information. Not
satisfied with the reply, the Applicant filed his First Appeal on 12.03.09 before the First
Appellate Authority reiterating his request for the information. The First Appellate
Authority replied on 19.03.09 stating that the Dy. Chief Engineer (Gorakhpur Division)
is not the PIO who is the custodian of the information and since the Applicant has not
asked information from the correct PIO, his First Appeal is not valid. Being aggrieved
with the reply, the Applicant filed his Second Appeal on 16.06.09 before the
Commission requesting for the information once again.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 8th February, 2010.
4. Mr. Alok Kumar, DGM cum PIO and Mr. Ramesh Kumar , CPDE cum Deemed PIO
represented the Public Authority.
5. The Appellant was not present during the hearing.
Decision
6. The Respondent submitted that his Second Appeal dated 20.04.09 to the Commission
which was disposed off by Information Commissioner, Mr. Shailesh Gandhi vide
Decision No. CIC/SG/A/2009/000941/3663 in Appeal No. CIC/SG/A/2009/000941 on
11.06.09 related to all the RTI requests including the present one filed by him
02.02.09. The Respondent provided evidence of the fact that information has been
provided to the Appellant in compliance with Mr. Gandhi’s decision includes the
information sought in the RTI application dated 20.02.09. He produced before the
Commission the second appeal in the earlier case which mentioned even the present
RTI request . The Commission therefore holds that the decision given by Mr. Gandhi
on 11.06.09 continues to hold in this case and accordingly reiterates the decision and
directs the PIO to provide information regarding the progress in respect of the
Appellant’s representations dated 30.01.97, 03.02.97 and 16.06.06 within the time
frame provided by Mr. Gandhi..
7. The Commission also directs the PIO to show cause why a penalty of Rs.250/- per day
(maximum of Rs.25,000) should not be imposed upon him for not providing
information to the Appellant within the stipulated period of one month. The r esponse
to reach the Commission by end February, 2010.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Sayed Khalid Ahmad
Miyan Bagh
PO Sonepur
Dist Chhpra, Bihar.
2. The PIO
North Eastern Railway
O/o the General Manager (Engg.)
Gorakhpur – 273 012.
3. The Appellate Authority
North Eastern Railway
O/o the General Manager (Engg.)
Gorakhpur – 273 012.
4. Officer in charge, NIC
5. Press E Group, CIC