Central Information Commission
CIC/OP/A/2009/000237
Dated 27th November, 2009
Name of the Applicant : MR. GOVIND NARAYAN SAXENA
Name of the Public Authority : NORTH EASTERN RAILWAY
Background
1. The Applicant filed his RTI request on 03.09.08 with the PIO, North Eastern Railway,
Gorakhpur requesting for information related to the details of his pension work. The
PIO replied on 14.11.08 providing the information to the Applicant. Being aggrieved
with the reply, the Applicant filed a First Appeal on 20.11.08 reiterating his RTI
request. On not receiving any reply from the Appellate Authority, the Applicant filed a
Second Appeal before the CIC on 08.01.09.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 27th November, 2009.
3. Mr. Omprakash, Sr.DMM & CPIO, Mr.A.K. Kathpal, ADRM & Appellate Authority,
Mr.V.K. Dwivedi, APO and Mr.S.S. Solanki, SWI represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the RTI request was filed with the CPIO, Gorakhpur
who transferred the Application to CPIO, Bareilly and to PIO, Samastipur since the
Appellant had been transferred from Bareilly to Samastipur. Since the Appellant
worked for longer period in Bareilly the PPO of the Appellant was made from
Gorakhpur. The Respondent further stated that on ts receipt, the RTI Application was
transferred on 16.10.08 and the information was provided vide letter dated 07.11.08.
He also added that on receipt of the notice from the CIC the information received from
Samastipur was obtained on 23.11.09 and that the same is ready for dispatch to the
Appellant. After hearing both sides, the Commission directs the CPIO, Bareilly to
provide information received from Samastipur to the Appellant by 23.11.09. Also PIO
Samastipur and CPIO Gorakhpur are directed to show cause as to why a penalty of
Rs.250/- per day should not be imposed upon them for the following reasons:
a) PIO, Samastipur for not providing the information on time to the Appellant on
receipt of transferred RTI application.
b) CPIO, Gorakhpur for not transferring the RTI application to Bareilly and
Samastipur within 5 days of receipt of the RTI Application as stipulated period
under the RTI Act, 2005 .
6. The responses to the show cause notices to reach the Commission by 10.1.10. The
Appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Govind Narayan Saxena
140 Pate Ki Budariya
Bhud, Bareilly
Uttar Pradesh.
2. The PIO
North Eastern Railway
Divisional Railway Manager’s Office
Izzat Nagar
Bareilly.
3. The Appellate Authority
North Eastern Railway
Divisional Railway Manager’s Office
Izzat Nagar
Bareilly.
4. Officer in charge, NIC
5. Press E Group, CIC