In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000824
Date of Hearing : September 14, 2011
Date of Decision : September 14, 2011
Parties:
Applicant
Shri Ashwani Kumar
F178/F2 Dilshad Colony
Delhi 110 095
The Applicant was present during the hearing.
Respondents
Ministry of Railways
EDS(S) & PIOV
Rail Bhawan
Raisina Road
New Delhi
Represented by : Shri Vikas Purwar, PIO & Director/Vig.(M)
Shri R.Subramanian, JDV(A&P)
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000824
ORDER
Background
1. The Applicant filed an RTI Application dt.28.2.11 with the PIO, Railway Board seeking certified copies
of action taken report along with it’s outcome report from Advisor (Vigilance) on his letter
No.MGR/AKP/5818 dt.24.1.11 addressed to Advisor (Vigilance). On not receiving any reply, he filed
a complaint dt.11.4.11 before CIC.
Decision
2. The Commission on perusal of the documents holds that the affidavit submitted by Shri Ram Kishan
in compliance with the CIC Decision No.CIC/AD/A/2010/001211 dt.20.12.10 is not acceptable since
it is not notarized nor is it signed by any witness. It is also observed that Shri Ram Kishan has sworn
in the affidavit that he is the resident of Divisional Cash Office, Northern Railway, Charbagh,
Lucknow. The Commission wonders how the office address can be declared as residential address.
Accordingly, the PIO, Northern Railway, Lucknow as also the DRM, Lucknow are directed to confirm
that Shri Ram Kishen was indeed residing at the address given by him in the affidavit. If not, it is
recommended that DRM, Lucknow take appropriate action against Shri Ram Kishan as per Railway
Rules for having misled the Commission and the Appellant by giving a wrong affidavit under oath.
The entire exercise to be completed by 14.10.11.
3. The PIO is directed to forward a copy of this order to DRM, Northern Railway, Lucknow.
4. The Complaint is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Ashwani Kumar
F178/F2 Dilshad Colony
Delhi 110 095
2. The Public Information Officer
Ministry of Railways
EDS(S) & PIOV
Rail Bhawan
Raisina Road
New Delhi
3. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Complainant/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 Complainant/Complainant may
indicate, what information has not been provided.