Central Information Commission Judgements

Shri Basant Kumar Shukla vs Railway Board on 11 September, 2008

Central Information Commission
Shri Basant Kumar Shukla vs Railway Board on 11 September, 2008
                        Central Information Commission
                                      *****

No.CIC/OK/A/2008/00070

Dated: 11 September 2008

Name of the Appellant : Shri Basant Kumar Shukla
House No.372, Om Niwas
Mohan Nagar, Near Mata Temple,
Nagpur, 440001

Name of the Public Authority : Railway Board

Background:

Shri Basant Kr. Shukla of Nagpur filed an RTI-application with the Public
Information Officer, Railway Board on 4 August 2007 seeking information
regarding non-selection of the Appellant for the post of Divisional Railway Users’
Consultative Committee (DRUCC).

2. The PIO vide his letter dated 12 September 2007 replied to the RTI-
application. Not satisfied with the reply of the PIO, the Appellant filed an
appeal with the first Appellate Authority on 6 October 2007 and then
approached the Central Information Commission with a Second Appeal on 20
November 2007, which was registered in the Commission on 29/01/2008.

3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 10 September 2008.

4. Shri Sunil Kumar, EDPG & CPIO, Shri Sanjay Manocha, DDTC(S), Shri Kem
Chand, S.O. and Shri Vinod Samuel, APIO, represented the Respondents.

5. The Appellant, Shri Basant Shukla, was present in person.

Decision:

6. The Commission heard both the parties and noted that the Respondents
had replied point-wise to the RTI-application of 4 August 2007. According to the
Appellant, he was not satisfied with the information supplied and felt that the
reply was evasive. He has said so in his first appeal as also in his second appeal.
The Appellant, however, has not pointed out the specific lacunae that he has
observed in the Respondent’s reply. The Commission, therefore, directs him to
write to the Respondents specifying the lacunae that he finds in the
Respondent’s reply. The Respondents will get 20 working days to provide any
clarification that the Appellant may desire. However, the case will be treated
as finally closed in case there is no communication from the Appellant by 6
October 2008.

7. The Commission also noted that the Appellant had enclosed an IPO of
Rs.20/- in the name of the Chief Information Commissioner. Earlier too, he had
enclosed an IPO of Rs.20/- in the name of the first Appellate Authority. The
Commission directed that the IPO returned to him and directs the Respondents
to do the same. It advises the Appellant to go through the important provisions
of the Act so that he does not have to waste unnecessary money.

8. The Commission ordered accordingly.

Sd/-

(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:

Sd/-

(G. Subramanian)
Assistant Registrar

Cc:

1. Shri Basant Kumar Shukla, House No.372, Om Niwas, Mohan Nagar, Near
Mata Temple, Nagpur, 440001

2. The Public Information Officer, Railway Board, Ministry of Railway, Railway
Board, Rail Bhawan, New Delhi

3. The Appellate Authority, Railway Board, Ministry of Railway, Railway Board,
Rail Bhawan, New Delhi

4. Officer Incharge, NIC

5. Press E Group, CIC