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Decision No. CIC/SG/A/2009/000541/3224
Appeal No. CIC/SG/A/2009/000541
Relevant facts emerging from the Appeal:
Appellant : Mr. T. Kamraju c/o Sri. M.K. Das,
239/A, Type II, East Maligaon
Guwahati-781011.
Respondent : Deputy General Manager (G)
O/o General Manager,
N.F. Railway, Maligaon,
Guwahati-781011
RTI application filed on : 14/07/2008
APIO : 22/09/2008
First Appeal filed on : 24/10/2008
First Appellate Authority order : 2/12/2008
Second Appeal filed on : 9/03/2009
Detail of required information:-
The appellant had asked in an RTI application details regarding
1. The status of letter no. E/L/pt. II(E) Misc. dated 27/06/2008 by GM (P)/MLG in terms
of Rail Mazdoor Union (N.F. Zone)’s letter no. RMU(N.F. Zone)/Engineering/Bridge
dated 23/05/2007 forwarded by SPO/RP/MLG’s letter No. E/231/Res/Asson/Pt. IX
dated 28/5/2007 bearing the caption “Non-Operation/Non-Filling up of SC/ST Quota on
the plea of non-availability of the incumbent in the immediate lower grade,” addressed
to Dy. CE/Bridge-Line/MLG. He enquired the action so far been taken and requested
the copies of PP-side notings pertaining to the said case.
2. He further enquired on the status of representation of the union to the said authority. In
the event of the answer being the negative, he requested for details including names,
designations and place of working of Officials and Officers who were responsible for
suppressing the said letter.
PIO replied.
The PIO had given information to the appellant as follows:-
The desired information sought by you is being examined by the concerned department of the
railway and the information received is being sent herewith for your information.
He also stated that the desired information had been attached. However, this information was
regarded as insufficient by the appellant and he termed it as “irrelevant, wrong, cryptic and
incorrect.”
Consequently, he filed an appeal before the SDGM cum Appellate Authority to order the
appropriate officer to supply him the information desired before 14/07/2008 failing which
penalty might be imposed on the defaulting officer.
First Appellate Authority Replied:
With reference to the information desired by the appellant, information received from
Sr.AXEN/SPL/Bridge, Maligaon to the SDGM was sent to the appellant.
The appellant responded negatively to the information sent stating it to be comprising of
“unnecessary information” and stated in Letter No. TKM/RTI/2008 (Bridge) that the
information supplied through Letter No. EW/261/1 (RTI) Pt. 1 “showed negativity in supplying
information.” In his letter, he requested for a hard copy of the order mentioned in the letter
issued by SR.AXEN/SPL/Bridge which would be necessary for the 2nd appeal before the Chief
Information Commissioner, New Delhi.
Relevant facts emerging during hearing:
The following were present.
Appellant: Absent
Respondent: Mr. Khindu Ram, PIO
The PIO states that he had provided the entire information. However he has receive a letter
from General Manager (P), Malegaon dated 6/05/2009 along with a letter of Joint Director,
Railway Board 8/02/2005. The PIO is directed to send copies of these letters to the appellant.
Decision:
The Appeal is allowed.
The PIO will send the information to the appellant before 30th May 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
13 April 2009
(In any case correspondence on this decision, mention the complete decision number.)