In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001753
Date of Hearing : February 11, 2011
Date of Decision : February 11, 2011
Parties:
Appellant
Sukhdev Tiwari
H.No. 545/A
Langra Wagan ,
Katihar, Bihar 854 105
The Appellant was present at NIC VC facility at Katihar
Respondents
Northeast Frontier Railway
Office of Divisional Railway Manager
Katihar
Bihar
Represented by: Shri A.K. Sinha, Divisional Commercial Manager, Shri Sayyed Jahangir, DPO. Katihar--
present at NIC VC facility at Katihar
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001753
ORDER
Background
1. The Applicant, through his RTIapplication dated 17.03.2010, filed with the PIO, NFR, Malegaon,
wanted to know the action taken by the public authority on his letter dated 29.09.2009, addressed to
General Manager, which was related to the Appellant’s promotion case.
2. On 09.07.2010, the PIO, Katihar, on receipt of Applicant’s RTIapplication from the PIO, Malegaon,
informed the Applicant that his demand in the application does not fall under the purview of the RTI
Act as he was seeking certain actions to be done by the public authority and was not seeking any
information.
3. The Applicant, being unhappy with the reply of the CPIO, filed his 1 stappeal with the Appellate
Authority on 19.05.2010 who, according to the Applicant, did not dispose of the Applicant’s 1stappeal.
2. The Applicant, therefore, filed the present petition in the Commission on 22.09.2010 requesting that
the information be furnished to him.
Decision
3. During the hearing, the Respondents stated that neither the office of the PIO nor the office of the
General Manager who is the addressee of the said letter dated 29.9.09 have received the letter and
hence as such, no action has been taken . The Appellant, however, stated that he has got the postal
receipt of having sent this letter to the General Manager.
5. Since the letter (subject matter of the RTIapplication) itself is not present with the Respondent, the
question of taking action on it does not arise. No disclosure, therefore, can be authorized in the
present appeal. Nevertheless, it is advised that the Appellant, should he so wish, may send a copy of
the said letter to the RespondentPIO, who may place it before the competent authority for a
decision/disposal.
6. Appeal is accordingly closed.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Sukhdev Tiwari
H.No. 545/A
Langra Wagan ,
Katihar, Bihar 854 105
2. The Appellate Authority
Northeast Frontier Railway
Office of Divisional Railway Manager
Katihar
Bihar
3. The Public Information Officer
Northeast Frontier Railway
Office of Divisional Railway Manager
Katihar
Bihar
4. Officer Incharge, NIC