Central Information Commission
CIC/AD/A/2009/001825
Dated 22nd January, 2010
Name of the Applicant : MR. MAHESH PRASAD SINGH
Name of the Public Authority : EAST CENTRAL RAILWAY, HAJIPUR
Background
1. The Applicant filed his RTI request on 20.02.09 with the PIO, East Central Railway,
Hajipur seeking information against 7 points including action taken on his
representation dated 11.03.08 sent by registered post to the Office of General
Manager, East Central Railway, Hajipur. The PIO replied on 06.05.09 informing the
Applicant that his representation had not been received by the office. Being aggrieved
with this reply, the Applicant filed his First Appeal on 28.04.09 reiterating his request
for the information. The Appellate Authority in his letter dated 02.06.09 informed the
Applicant once again that representation dated 11.03.08 is not available in the office
of DA & R division and hence no action has been taken on it. Being aggrieved with
the reply, the Applicant filed his Second Appeal on 18.09.09 before the Commission
requesting that an enquiry be initiated in the matter to find out the truth.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 22nd January, 2010.
3. Mr. Rajesh Kumar, PIO represented the Public Authority and was over the telephone
and Mr. Pawan Kr. Ram another representative of the Public Authority was present
during the hearing.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the RTI Application was addressed to the General
Manager’s office and that all efforts were made to locate the representation in the
GM’s office and in all other sections which had dealt with the Applicant’s case.
However, the representation could not be located. He also stated that since the E.C.
Rly. zone has been set up in the year 2002 and is still in the process of being
organized there is a possibility that the representation has been received but has been
misplaced. The Respondent also stated that the Applicant’s request for reconsideration
of the order of his removal from service had been turned down by both the ADRM on
7.1.05 and the section engineer. The Commission on hearing the submission of the
Respondents, suggests that the Appellant send a copy of his representation once
again to the PIO and the PIO to take appropriate action on it and give a reply to the
Appellant. The PIO may also give an affidavit to the Appellant informing him about
the non availability of the representation and giving reasons for the same by 25
February, 2010. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Mahesh Prasad Singh
Mohalla – Chauhatta
PO – Hajipur
District – Vaishali
Bihar – 844 101.
2. The PIO
East Central Railway
General Manager’s Office
Hajipur – 844 101.
3. The Appellate Authority
East Central Railway
General Manager’s Office
Hajipur – 844 101.
4. Officer in charge, NIC
5. Press E Group, CIC