Central Information Commission Judgements

Shri Vinod Kumar Jain vs North Western Railway, Drm … on 11 February, 2010

Central Information Commission
Shri Vinod Kumar Jain vs North Western Railway, Drm … on 11 February, 2010
                   Central Information Commission
                                                                 CIC/AD/A/2009/001779
                                                                 Dated February 11, 2010


Name of the Applicant                      :   Shri Vinod Kumar Jain

Name of the Public Authority               :   North Western Railway,
                                               DRM Office, Jaipur

Background

1. The Applicant filed an RTI application dt.13.2.09 with the PIO, DRM Office, North
Western Railway, Jaipur requesting for information regarding payment of final bill for
construction work executed and the date on which the final bill will be settled. The PIO
replied on 12.3.09 enclosing the reply dt.3.3.09 furnished by Asst. Divisional Engineer
stating that the Appellant has already been informed that the claim cannot be settled
as it is time barred. Not satisfied with the reply, the Applicant filed an appeal
dt.8.4.09 with the Appellate Authority now asking the rule based on which the claim
has been time barred and why the payment has been delayed despite several
reminders having been sent to Public Authority. The Appellate Authority replied on
4.5.09 stating that as per Limitation Act, 1963, his claim is time barred and hence
information cannot be provided. Being aggrieved with the reply, the Applicant filed a
second appeal dt.3.9.09 before CIC reiterating his request for the information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for February 11, 2010.

3. Shri Vijay Singh, PIO and Shri Pankaj Soin, Divisional Engineer represented the Public
Authority.

4. The Appellant was not present during the hearing.

Decision

5. The Commission on perusal of documents on record disposes off the appeal with the
following observations:

i) As already informed by the Appellate Authority as per the Limitation Act, claim
is time barred and hence there is no information to be provided to the Appellant and
the Appellant has already been informed about it .

ii) The information sought relates to the Appellant’s personal grievance arising
out of non payment of dues and the Appellant is advised to approach an appropriate
forum for redressal of his grievance.

6. The appeal is accordingly disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Deputy Registrar

Cc:

1. Shri Vinod Kumar Jain
Railway Contractor
Behind Munsif Court
Ghuda Katla Road
Bandikul 303 313

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

5. Press E Group, CIC