Central Information Commission Judgements

Mr. Shivnarayan S. Rajbhar vs Western Railway, Mumbai on 6 January, 2010

Central Information Commission
Mr. Shivnarayan S. Rajbhar vs Western Railway, Mumbai on 6 January, 2010
                 Central Information Commission
                                                               CIC/OP/A/2009/000028 -AD
                                                                    Dated 6th January, 2010

Name of the Applicant                        :   MR. SHIVNARAYAN S. RAJBHAR


Name of the Public Authority                 :   WESTERN RAILWAY, MUMBAI

Background

1. The Applicant filed his RTI request on 27.06.08 seeking information from PIO Western
railway, Mumbai seeking a copy of the list of Class iii employess along with their job
descriptions and names of their Supervisors, besides various information related to
class iv employees for the period May-June 2008 at Meera Road – Bhadar station.
The PIO replied on 25.08.08 providing point wise information. Being aggrieved with
the reply, the Applicant filed his First Appeal on 22.09.08 seeking further clarification
based on the reply provided by the PIO. The Appellate Authority replied on 11.11.08
providing the required clarification. Still not satisfied with the reply, the Applicant filed
his Second Appeal on 07.02.09 before the Commission complaining about the delay
and stating that the information is unsatisfactory

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 6th January, 2010.

3. Mr. D.P. Soni, DEE/C & CPIO represented the Public Authority.

4. Efforts were made to contact the Applicant but contact could not be established since
telephone line remained busy.

Decision

5. The Commission noted that the Applicant has been seeking information related to
same issue under RTI over the last 2 years, since 21.07.08. On perusal of the
information provided by the CPIO in this instant case it was observed that once again
information as available on records has been provided to the Appellant and also that
the Appellant has not been able to point out exactly what is the missing information
in his second appeal except reiterating that it is incomplete and that he is not satisfied
with it.

6. With regard to the delay in furnishing the information the Appellate Authority stated
that the RTI application dated 02.07.08 was received by RTIN Cell of PIO-
Construction, Churchgate’s Office on 07.07.08. the case was processed further for
obtaining the information from the Electrical Department of Construction wing where
the information exists and they in turn had to collect the same from the field officers.
The information was sent to the Applicant on 25.08.08 without any documentation fee,
treating the case under Section 7(6) of the RTI Act6, 2005. The Respondent thus
explained that the information was available in 49 days and not 55 days as stated by
the Appellant. He further added that he has directed the PIO-Survey & Construction to
mention the details of the Appellate Authority with address and the time limit for
appeal in future.

7. The Commission on perusal of submissions n record and after hearing the
Respondents holds that information has been provided to the Appellant and
accordingly disposes off the appeal.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Deputy Registrar

Cc:

1. Mr. Shivnarayan S. Rajbhar
#33, Moti Bhawan
Dr. D’silva Road
Dadar (West)
Mumbai – 400 028.

2. The PIO
Western Railway
Headquater Office
Churchgate
Mumbai – 400 020.

3. The Appellate Authority
Western Railway
Headquater Office
Churchgate
Mumbai – 400 020.

4. Officer in charge, NIC

5. Press E Group, CIC