In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001406
Date of Hearing : September 2, 2011
Date of Decision : September 2, 2011
Parties:
Applicant
Shri Suraj Dev Prasad
Office Supdt II
IRIMEE
Jamalpur 811 214.
Heard through Audio.
Respondent(s)
Eastern Railway
Dy.Chief Mechl. Engineer/Diesel
Jamalpur Division
Jamalpur - 811214
Represented by : Shri Ramen Mallick, Dy.CME/PIO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001406
ORDER
Background
1. The RTI Application dated 28.12.2010 was filed by the Applicant with the PIO IRIMEE, Jamalpur
seeking information related to allotment of Quarters to 6 individuals and non allotment of Quarters to
him although he is senior to them, against 5 points. The PIO transferred the application on 12.1.11
to Eastern Railway Workshop. The PIO ERly W/shop replied on 3.2.11 enclosing the reply furnished
by the Personnel Officer, Jamalpur who provided point wise information to the Applicant. Not
satisfied with this reply the Applicant filed his first appeal on 18.2.11 The Appellate Authority
replied on 19.3.11 stating that it is not clear as to what information the Applicant is seeking in his
first appeal against point 1. and with regard to point 2 the information has already been provided and
against point 3 the information is related to IRIMEE. Being aggrieved with this reply, the Appellant
filed his second appeal before the Commission.
Decision.
2. The Respondent during the hearing informed the Commission that the Appellant is working in IRIMEE
and is a dealing clerk dealing with RTI Application and therefore has access to all the information.
He also stated that information related to allotment is not available with them as Quarters are allotted
only by IRIMEE. He further pointed out that the RTI application has initially been filed with IRMEE by
the Appellant and that although the information is available with them they have transferred the
application to the PIO, workshop, Jamalpur. The Commission, after hearing the PIO, workshop,
Jamalpur decided as given below:
Point no. 1 : This point related to allotment policy may be transferred back to PIO, IRMEE so that
information can be provided directly to the Appellant .
Points 2, 4.1 & 4.2 : These points pertain to the issue of nonallotment quarters of quarters to the
Appellant. These points too to be transferred to PIO IRIMEE along with the Commission’s direction
that the Appellant be allowed to inspect to his transfer file and be provided with copies of documents
and file notings identified by him, free of cost.
Point 3 : This point relating to the authority wielded by the General Manager to allot quarters may
also be transferred to PIO IRMEE. Transfer to IRMEE.
Point 5 : The information sought against this point pertains to allotment of quarters to various officers
from 1990 till date. The PIO, IRMEE to provide the complete information. All information to be
provided by 5th October 2011.
The Commission also directs the PIO. Eastern Railway, Jamalpur to forward a copy of the
Commission’s order to the PIO, IRMEE.
The PIO, IRMEE to show cause as to why penalty should not be imposed upon him for not providing
the information sought in the RTI application to the Appellant although the same is available with him
as per the submission of the Respondent from the Jamalpur workshop, thereby seemingly deliberately
obstructing the supply of information. The explanation should reach the Commission by 5th October
2011.
3. The Appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
1 Shri Suraj Dev Prasad
Office Supdt II
IRIMEE
Jamalpur 811 214.
2 The Public Information Officer Eastern Railway Dy.Chief Mechl. Engineer/Diesel Jamalpur Division Jamalpur - 811214 3. The Appellate Authority Eastern Railway Dy.Chief Mechl. Engineer/Diesel Jamalpur Division Jamalpur - 811214 4. Officer Incharge, NIC.
In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTI Act, giving
(1) copy of RTI application, (2) copy of PIO’s reply, (3) copy of the decision of the first Appellant Authority, (4) copy
of the Commission’s decision, and (5) any other documents which he/she considers to be necessary for deciding
the complaint. In the prayer, the Appellant/Complainant may indicate, what information has not been provided.