Central Information Commission
*****
No.CIC/OK/A/2008/00558
Dated: 24 October 2008
Name of the Appellant : Shri Gaya Prasad
Northern Railway
Room No-43-G, Law Branch / HQ
New Delhi
Name of the Public Authority : Northern Railway
Background:
Shri Gaya Prasad of New Delhi filed an RTI-application with the Public
Information Officer, Northern Railway, New Delhi, on 12 September 2007,
wherein he sought information on 20 counts, including photocopies of seniority
lists of Chief Law Assistant, attested photocopies of the Roster Register of Chief
Law Assistant for the period 1 January 1990 to 31 March 2007, etc.
2. The PIO vide his letter dated 27 September 2007 replied to the RTI-
application. Not satisfied with the reply of the PIO, the Appellant filed an
appeal with the first Appellate Authority on 9 January 2008 and then
approached the Central Information Commission with a Second Appeal on 9 April
2008.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 20 October 2008 2008.
4. Shri Ravindra Kumar, DGM/Law & PIO, Shri Ashwani Kumar and Shri
Balwan Singh, APO, represented the Respondents.
5. The Appellant, Shri Gaya Prasad, was present in person.
Decision:
6. The Commission heard both the sides and noted that in response to the
RTI-application of 2 September 2007, on many of the issues raised by the
Appellant, the response of the Respondents was that either the information was
not available or that the concerned file was not traceable. The Commission
takes grave objection to such casual responses. It is certainly not enough to say
that the information asked for is not available, for it is the Department’s duty
to see that the information is preserved and supplied to the Appellant unless of
course there are compelling reasons for the same not being available and in
such cases, these reasons have to be communicated to the Appellant in detail.
The Commission accordingly directs the Respondents to once again go over the
RTI-application of the Appellant dated 12 September 2007 and provide a point-
wise reply together with reasons why any piece of information is not available.
This may be done by 14 November 2008.
7. During the hearing, the Appellant pointed out to the delay in the first
response of the Respondents and showed to the Commission that the documents
had been attested on 11 October 2008 whereas according to the Respondents
the reply had been sent on 1 October 2007 and that since the documents had
not been attested, they were put up to them by the Appellant later and
therefore bore the date of 11 October 2007. The Commission accepts the
submission.
8. The case is thus disposed of.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri Gaya Prasad, Law Assistant, Northern Railway, Room No.43-G, Law
Branch (HQ), Baroda House, New Delhi,
2. The Public Information Officer, Northern Railway, Headquarters Office,
Baroda House, New Delhi
3. The Appellate Authority, Northern Railway, Headquarters Office, Baroda
House, New Delhi
4. Officer Incharge, NIC
5. Press E Group, CIC