Central Information Commission
CIC/OP/C/2009/000010
Dated April 15, 2010
Name of the Applicant : Shri R K Roy
Name of the Public Authority : East Central Railway
Background
1. The Applicant was kept out of service and without pay since October 2002, and was subsequently
removed from service by an authority subordinate to his appointing authority; the Applicant had
submitted Revision application to the General Manager, East Central Railway on 18.02.2009 for
revision of the decision given in violation of the Railway Board’s instruction contained in their letter
dated 14.02.1969. An RTI application dated 11.05.2009 had been filed seeking detailed particulars of
railway officials responsible for causing inordinate delay in disposal of his application. He further
informed that the office of the PIO, E C Railway, Hajipur had flatly refused to receive the RTI
application. Hence he has filed the instant complaint before the Commission on 13.05.2009.
2. The Central Information Commission issued notice dated 26.02.2010 directing PIO to show cause
and explain in writing as to why a penalty of Rs. 25,000/ for the delay in supply of information may
not be imposed upon the PIO.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 15,
2010.
4. Shri Rajesh Kumar, Dy. CPO/G represented the Public Authority.
5. The Applicant was present by audio conferencing during the hearing.
Decision
6. During the hearing, the Respondent submitted a communication dated 18.03.2010 stating that the
application was received at the office of the Respondent only on 20.07.2009. The application was
duly responded to by the Respondent vide communication dated 28.07.2009 and the information was
sent by way of registered post, consignment number whereof have also been submitted. The
Respondent further submitted that the First Appeal (not on record before the CIC) dated 03.08.2009
was received on 12.08.2009 at the office of the Respondent. The Respondent responded to the First
Appeal by letter dated 27.08.2009, sent by duly registered post. The Respondent vide the said
communication/s had informed the Complainant that the Revision application alongwith the DAR case
file were received in this office of the GM, Hajipur from DRM, Danapur on 11.06.2009 and had been
put up before the Principal Chief Engineer for disposal on 15.07.2009 and that decision of the PCE
shall be duly intimated. The Respondent refused to divulge the information regarding the detailed
particulars of the officers responsible for the delay in disposal of the Review Application, invoking
provisions of Section 8 (1) (g) of the RTI Act 2005.
7. Subsequently, vide communication dated 11.08.2009, the Appellate Authority informed that the
revision application addressed to the GM/ECR took some extra time for disposal since the required
clarification from the Personnel & Engineering departments had to be incorporated while preparing
the paragraph wise response to the said application. Since there is no system of recording date wise
progress for disposal of the revision cases, therefore no information for the period between
18.02.2009 to 10.06.2009 exists nor can the same be provided. Furthermore, the Respondent also
conveyed to the Complainant, alongwith response to some other RTI queries, that the GM/ECR had
rejected the Revision application. Thus it is evident that all the information as were available on
records with the Respondent have already been provided and the present grievance of the
Complainant pertain to his queries, with respect to which no information existed. Therefore, no cause
of action survives in the case.
8. The case is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy. Registrar
Cc:
1. Shri R K Roy
Je/P.Way/EcR/Danapur
Janaki Niwas, Road No.2
Dwarikapuri, Hanuman Nagar
Patna 800020
2. The PIO
East Central Railway
Office of the General Manager
Hajipur
3. Officer incharge, NIC
4. Press E Group, CIC