Central Information Commission
CIC/AD/A/2010/000589
CIC/AD/A/2010/000587
CIC/AD/A/2010/000588
Dated June 4, 2010
Name of the Applicant : Shri Saidur Rahman
Name of the Public Authority : DRM Office
Northern Railway, Lucknow
Background
CIC/AD/A/2010/000589
1. The Applicant filed an RTI application dt.27.8.09 with the PIO, DRM Office, Northern
Railway Lucknow seeking information against 3 points and several sub points including
information about power static of all bill units, for 1.8.09; information related to one Shri
Ram Akbal Yadav including copies of his muster roll, paid vouchers, inspection of duty
register, leave records etc. for various periods; information related to the transfer of one
Shri Rajendra Kumar etc. The PIO replied on 18.9.09 furnishing point wise information
and also inviting the Applicant to inspect files/records on 26.9.09. Being aggrieved with
the reply the Applicant filed an appeal dt.22.10.09 with the Appellate Authority stating that
all the files had not been placed before him for inspection. On not receiving any reply
from the AA, the Applicant filed a second appeal dt.23.2.10 reiterating his contention as
given in the first appeal.
CIC/AD/A/2010/000587
2. The Applicant filed an RTI application dt.28.10.09 with the PIO, DRM Office, Northern
Railway, Lucknow seeking information against 5 points and several sub points with
regard to one Shri Parvez Alam including the rule under which he was allowed the
defence helper in one case and was not allowed in another case, details of any
departmental action pending against Shri Alam etc. The PIO replied on 1.12.09 furnishing
point wise information. Not satisfied with the reply, the Applicant filed an appeal
dt.15.12.09 with the Appellate Authority commenting on the information provided. On not
receiving any reply, he filed a second appeal dt.23.2.10 before CIC.
CIC/AD/A/2010/000588
3. The Applicant filed an RTI application dt.6.8.09 with the PIO, DRM Office, Northern
Railway, Lucknow seeking information related to the selection of Loco Inspector in the
Divisional Office including names of the candidates, foot plate working, those who have
gone on transfer for Loco Inspector selection from outside Lucknow etc. The PIO replied
on 4.9.09 furnishing point wise information. Not satisfied with the reply, the Applicant
filed an appeal dt.22.10.09 with the Appellate Authority commenting on the information
provided. The appeal was responded to by Sr.DPO vide his letter dt.10.11.09 . The AA
too provided point wise information. Being aggrieved with the reply, the Applicant filed a
second appeal dt.23.2.10 before CIC requesting for information against points 4 and 5.
4. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for June 4, 2010 through video conferencing.
5. Shri Prakash, PIO; Shri Neeraj Gupta, Sr.DME and Shri S.K.Singh, OS representing the
Public Authority were present along with the Applicant at NIC Studio, Lucknow.
Decision
CIC/AD/A/2010/000589
6. The Respondent submitted that the Appellant had inspected all the records on 26.9.09
and was provided with 25 pages of information on 11.11.09. He then inspected the files
again on 26.11.09. The Respondent further stated that there are no other files for
inspection other than the ones the Appellant had already inspected. The Appellant
submitted that he had sought 213 pages after the second inspection which the
Respondents had not furnished so far. The Respondent on the other hand submitted that
copies of documents were not furnished since the Appellant had not deposited the
photocopying charges.
7. The Commission after hearing both sides directs the PIO as follows:
i) to provide an affidavit to the Commission with a copy to the Appellant stating that
all the files relating to the RTI request had been inspected by the Appellant (quote the
date of inspection and file no. which had been inspected) and that there are no other
files available for inspection.
ii) to provide 213 pages sought by the Appellant to him free of cost
8. The affidavit should reach the Commission by 4.7.10 and the Appellant is directed to
submit a compliance report to the Commission by 11.7.10.
CIC/AD/A/2010/000587
9. The Respondents submitted that the Appellate Authority had replied on 16.3.09 informing
the Appellant that the information has already been provided and the case is at present
sub judice. The Appellant on the other hand maintained that the decision has been
pronounced which the Respondents denied by stating that counter affidavit has been
filed. The Respondent further submitted that no departmental action is pending against
Shri Alam. When the Commission queried as to where the relevant files are, Respondent
submitted that some are in the court and while others are with the Personnel Branch.
The Appellant then requested that he may only be provided with the copy of rules
regarding Defence Helper.
10. The Commission accordingly directs the PIO to provide a copy of the rule regarding
Defence Helper by 4.7.10.
CIC/AD/A/2010/000588
11. During the hearing the Appellant sought information against point 3 related to documents
indication completion of foot plate working. Accordingly, the Commission directs the PIO
to allow the Appellant to inspect relevant files of selected/posted staff indicating details of
foot plate working including mileage sheets General 164(ADI Register CTR etc. on a
mutually convenient date and time. The Commission also observed that the Appellant is
a habitual information seeker under RTI and has been provided with hundreds pages of
information, free of cost. The Commission, as an environment friendly measure, and
also keeping in view the financial implications for the Public Authority, directs that the
Appellant be provided with 50 pages of information free of cost and to charge him for
copies beyond 50 pages at the rate of Rs.2/ per page. The inspection to be completed
and information provided by 4.7.10. The Appellant to submit a compliance report to the
Commission by 11.7.10.
12. The appeals are accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Saidur Rahman
R/o Running Shed Colony
L.D14A, Terhi Pulia
Alam Bagh
Lucknow 226 005
2. The PIO
Northern Railway
Divisional Railway Manager’s Office
Lucknow Division, Hazratganj
Lucknow
3. The Appellate Authority
Northern Railway
Divisional Railway Manager’s Office
Lucknow Division, Hazratganj
Lucknow
4. Officer incharge, NIC
5. Press E Group, CIC