Central Information Commission
CIC/AD/A/2010/000054
Dated September 22, 2010
Name of the Applicant : Shri Gori Shankar Malu
Name of the Public Authority : DRM Office
North Western Railway, Jaipur
Adjunct to the captioned CIC Order dt.11.2.10
1. The decision in the captioned case is as given below:
'5. The Respondents submitted that no action on the letter dt.24.3.09 has been taken and with
regard to point 4, no order is available. The Appellant who was heard over phone submitted that the
map provided against point 2 is not what he is seeking and the map which was available during the
period prior to the land acquisition by the Railways is what he wants. The respondents submitted
that no such map is perhaps available. However, they agreed to try and locate the same and provide
it, if it is available. As for the information against point 3, the Respondents submitted that
information is already available in the map provided to the Appellant by the PIO.
6. The Commission after hearing the arguments directs the PIO to provide information against
points 1 and 4 and also the map against point 2 if available. If not, PIO is directed to provide an
affidavit on a nonjudicial stamp paper stating that the map sought by the Appellant against point 2 is
not available in the records. The information should reach the Appellant by 15.3.10 and the
Appellant to submit a compliance report by 20.3.10.
7. The Commission also directs the PIO to show cause as to why a penalty of Rs.250/ per
day (Maximum Rs.25000) should not be levied on him for not responding to the RTI application within
the stipulated time prescribed under the Act. He is directed to submit his written explanation so as to
reach the Commission by 11.3.10′.
2. With regard to the show cause notice, the Commission received an explanation dt.4.3.10 from Shri
Vijay Singh Meena, PIO who stated that the RTI application dt.1.5.09 was received on 11.5.09 and
Appellant was advised on 3.6.09 to deposit Rs.60/ towards documentation charges and consequent
upon his depositing the amount on 25.6.09, the reply was provided on the same day ie. 25.6.09. The
Appellant then resubmitted his original application which was received on 20.10.09 and duly replied
to on 29.10.09.
4. The Commission received a complaint dt.17.3.10 from the Appellant about the noncompliance of the
decision.
5. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for September
22, 2010.
6. Shri Vijay Singh, PIO & Sr.DFM and Shri Kamlesh Batra, PII represented the Public Authority.
7. The Appellant was present during the hearing.
Decision
8. With regard to point (i), the Appellant submitted that the Respondent’s contention that the office had
not received his representation dated 25.3.09 was incorrect as the same had been sent by
registered post. The Respondent however maintained that the letter was not available in the files
nor has it been entered in the entry register. The Commission therefore advises the Appellant to
hand over another copy of this letter to the PIO and the PIO to look into the matter. The
Respondents submitted that in compliance with the Commission’s decision an affidavit had been
furnished against point 2 affirming the non availability of the required map..
9. The Commission after hearing the submission of both sides directs the PIO to provide detailed
clarification against point 4 to the Appellant by 22.10.10 and the Appellant to submit a compliance report to the
Commission by 29.10.10. The Commission also reviewed the explanation provided by the PIO for the delay
and holds that all efforts had been made to provide the available information within the mandatory period and
accordingly drops the penalty proceedings against the PIO.
10. The complaint is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Gori Shankar Malu
Choudhary Ka Mohalla
Narayana
Jaipur
Rajasthan
2. The PIO
North Western Railway
Divisional Railway Manager’s Office
Jaipur Division
Jaipur
3. The Appellate Authority
North Western Railway
Divisional Railway Manager’s Office
Jaipur Division
Jaipur
4. Officer incharge, NIC