Central Information Commission
CIC/AD/C/2010/000151
Dated July 22, 2010
Name of the Applicant : Shri Florence Edward Fernandes
Name of the Public Authority : Northern Railway, New Delhi
Background
1. The RTI application was filed by the Applicant on 8.9.09 with the PIO, Northern Railway, New Delhi
seeking information related to his Provident Fund. He stated that he had received the GPF statement
for the year 20072008 from the Pay & Accounts Officer (DGW). However, the amount of Rs.4515/
was not included. He sought information against 6 points in this regard including the reason why the
cheque dated 24.10.07 was sent by speed post after 2 months of the issue of the cheque. On not
receiving any reply from the PIO he filed his first appeal on 11.11.09 stating that no information has
been received by him till date. The Applicant on not receiving any reply from the AA filed a complaint
before the Commission on 15.12.09. The AA replied (not on record) as per the Complainant,
sometime in the month of January, 2010, stating that the information has already been furnished vide
letter dated 3.1.08.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for July 22,
2010.
3. Shri Mohar Singh, PIO, and Shri Raj Kishore, Nodal Officer represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. During the hearing the Complainant stated that he had received a reply dated 17.3.10 from the
Respondent and that he is not satisfied with this information. He also stated that he is not satisfied
with the AA’s reply since he had furnished the same information which he had given in response to
an earlier RTI application. The Complainant contented that the instant RTI application is actually
based on the reply furnished by the PIO in response to the earlier application and that furnishing the
same information again to him makes no sense. The Respondent submitted that with regard to the
cheque for Rs.4515/, the same had been issued but not presented since it had probably been lost in
transit. Hence the RBI was contacted for obtaining a nonencashment certificate for the said amount
which was only received by the PIO on 19.3.2010. The Respondent further added that several efforts
had been made earlier to get information from the RBI and that the RBI finally had informed them
that a cheque was issued and sent in the month of March 2010. However, the same had not been
received. It has therefore been decided a cheque will be issued now on the basis of the copy of the
letter dated 19.3.10 from the RBI stating that an amount of 4515/ would be debited to the Railways
account. This action will be taken within 10 days of the date of hearing and the Complainant will be
kept informed. With regard to the interest to be paid on this amount, the PIO may inform the
Complainant within one month about the interest amount as also the date on which interest would be
paid.
6. The PIO to show cause as to why a penalty should not be imposed upon him for not providing the
information within the mandatory period. The response to this show cause notice should reach the
Commission by 15.8.10.
7. The complaint is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Florence Edward Fernandes
A202, Sanghamitra Aptt
Plot No.20, Sector4, Dwarka
New Delhi
2. The PIO
Northern Railway
Divisional Railway Manager’s office
State Entry Road
New Delhi
3. The Appellate Authority
Northern Railway
Divisional Railway Manager’s office
State Entry Road
New Delhi
4. Officer Incharge, NIC
5. Press E Group, CIC