In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000391
Date of Hearing : May 19, 2011
Date of Decision : May 19, 2011
Parties:
Applicant
Dr.Ashish Kapur
Rayat Bahra College of
Engineering & Nanotech for Women
VPO Bohan Via Bihala
Hoshiarpur - Chandigarh Highway
Hoshiarpur 164 104
The Applicant was present during the hearing
Respondents
The Public Information Officer
Northern Railway
Divisional Railway Manager's Office
Ferozepur Division
Ferozepur
Represented by : Shri Pardeep Kumar, PIO & Sr.DMM
Shri Pankaj Tyagi, Sr.DEN
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000391
ORDER
Background
1. The Applicant filed an RTI Application dt.23.8.10 with the PIO, DRM Office, Northern Railway,
Ferozepur requesting for certified copies of all the correspondences, communications, memos
notices etc. with regard to letters dt.13.1.98 and 11.5.01. On not receiving any reply, he filed an
appeal dt.10.10.10 with the Appellate Authority reiterating his request for the information. The Sr.DE
III replied on 15.10.10 stating that information sought is about a very old case of 199192 for which
records are not traceable due to shifting of old DRM office in New Building. However, after searching
some records could be located . He then provided the certified copies of the letters dt.13.1.98 and
11.5.01 as also available information with regard to these letters. The Applicant filed his first appeal
seeking the information and on not receiving any reply, he filed a second appeal dt.7.12.10 before
CIC requesting for payments which have been held up.
Decision
2. During the hearing, the Appellant submitted that his father was a contractor in the Railways and had
carried out several works and that after his expiry in 1992, his mother completed the work and
payments have been received. However, he added that EMD had not been refunded. The
Respondents submitted that records are very old and after a thorough search eight files were located
out of which he has cleared payments based on four files and that the Accounts Section would be
making the payments within a few days. With regard to the remaining files, he stated that they are
going through them to decide on payments are still pending. He added that one file had been closed
even though the legal wing had suggested imposition of penalty.
3. The Commission after hearing the submissions of both sides holds that the information sought relates
to a grievance matter . However, in the interest of the Appellant the Commission directs the PIO to
inform the Appellant the tentative date on which he would receive the money in the case of four files
which have already been cleared. With regard to the remaining files, the PIO, Appellate Authority
and the Sr.Divisional Engineer are directed to hold a personal hearing with the Appellant to sort out
the matter of payments held up. The Appellant may also be allowed to inspect all the relevant files
and be provided with attested copies of documents identified by him free of cost upto 50 pages. The
Appellant may be charged @ Rs.2/ per page as photocopying charges for pages beyond this
number. The Appellant is advised to carry all the documents available with him for the hearing. The
entire exercise to be completed by 30.6.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Dr.Ashish Kapur
Rayat Bahra College of
Engineering & Nanotech for Women
VPO Bohan Via Bihala
Hoshiarpur – Chandigarh Highway
Hoshiarpur 164 104
2. The Public Information Officer
Northern Railway
Divisional Railway Manager’s Office
Ferozepur Division
Ferozepur
3. The Appellate Authority
Northern Railway
Divisional Railway Manager’s Office
Ferozepur Division
Ferozepur
4. Officer in charge, NIC