In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001732
Date of Hearing : October 24, 2011
Date of Decision : October 24, 2011
Parties:
Applicant
Ms.Sneha R. Talreja
R/o Phulwadi
Plot No.16
Dev Samaj Road
Netaji Chowk
Ulhasnagar
Thane District
Maharashtra
The Applicant was not present during the hearing
Respondents
Central Railway
Divisional Railway Manager's Office
Mumbai CST
Mumbai
Represented by : Shri Kailash Narayan Kherodia, PIO(S&T)
NIC Studio, Mumbai
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001732
ORDER
Background
1. The Applicant filed an RTI Application dt.15.3.11 with the PIO, DRM Office, Central Railway, Mumbai
seeking information against 12 points with regard to the working of Smt.D’Souza, Chief OS in
Sr.DSTE, BB’s office. She added that she wants the information from Smt.D’Souza herself in the
capacity of Chief OS and the same to be provided in original under her own signature. Shri
P.K.Kanth, APIO (S&T) replied on 11.4.11 furnishing point wise information. He transferred the RTI
Application to the Sr.DPO for providing information against points 10 and 11. Not satisfied with the
reply, the Applicant filed an appeal dt.7.5.11 with the Appellate Authority commenting on the reply
provided. On not receiving any further response, the Applicant filed a second appeal dt.5.7.11 before
CIC seeking correct information.
Decision
2. The Commission during the hearing reviewed the information point wise and decided as given below:
Points A, C, E & F
The Commission noted that information sought is not available on record. Hence no disclosure
authorization required.
Point B
The Commission directs the PIO to provide the information while quoting the relevant section of the
RTI Act.
Point D
The respondents submitted that no clear cut roster dutoes of Chief OS have been given in the
Railway Establishment Manual. However, the office has laid down certain duties for the Chief OS.
The PIO is directed to supply the same to the Appellant.
Points G & H
It is noted that no information as defined in Section 2(f) of the RTI Act has been sought by theAppellant. In fact the information does not exist since the Appellant is seeking only remarks,
comments, opinions and interpretations from the PIO. Hence no disclosure required.
Point I
The Respondent submitted that Mrs.D’Souza who had lodged a complaint on 15.7.10 has done so on
her own and that there is no information available on record about the complaint lodged .
The Commission holds that adequate information has been provided to the Appellant against this
point.
Points J & K
The Respondents from the Personnel Department submitted that information has been provided on
18.10.11. Hence no further information needs to be disclosed.
3. The Commission directs the then PIO(P) to show cause as to why penalty should not be imposed
upon him u/s 20(1) of the RTI Act for not responding to the RTI Application within the stipulated time
period. He may submit his response to the Commission by 1.12.11.
The PIO is directed to serve a copy of this order to the then PIO(P).
Point L
The Commission holds that information has been provided.
The information against points B & D should reach the Appellant by 24.11.11 and the Appellant may
submit a compliance report to the Commission by 1.12.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms.Sneha R. Talreja
R/o Phulwadi
Plot No.16
Dev Samaj Road
Netaji Chowk
Ulhasnagar
Thane District
Maharashtra
2. The Public Information Officer
Central Railway
Divisional Railway Manager’s Office
Mumbai CST
Mumbai
3. The Appellate Authority
Central Railway
Divisional Railway Manager’s Office
Mumbai CST
Mumbai
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving
(1) copy of RTIapplication, (2) copy of the Commission’s decision, and (3) any other documents which he/she
considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what
information has not been provided.