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Kumar Bhaibhav Tiwari vs North Central Railway, Jhansi on 16 December, 2009

Central Information Commission
Kumar Bhaibhav Tiwari vs North Central Railway, Jhansi on 16 December, 2009
             Central Information Commission
                                                            CIC/OP/C/2009/000053 -AD
                                                              Dated 16th December, 2009

Name of the Complainant                   :   KUMAR BHAIBHAV TIWARI


Name of the Public Authority              :   NORTH CENTRAL RAILWAY, JHANSI

Background

1. The Applicant filed his RTI application on 05.12.08 with the PIO / North Central
Railway, Jhansi requesting for information related to Mr.Hari Kant Sharma and Mr.S.K.
Rai against 13 points. The PIO replied on 02.01.09 enclosing 2 pages of information.
Not satisfied with the reply, the Applicant filed a Complainant before CIC on 05.02.09
stating that he has paid Rs.80/- vide IPO towards cost of Rs.2/- per page for only 2
pages and reiterating his request for information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 16th December, 2009.

3. Mr. Karunesh Srivastava, Dy. CME & CPIO, Mr. K.P. Khaddar, SPO & Deemed PIO and
Mr.Dominic Kindo, COS/P & Nodal Officer represented the Public Authority.

4. The Complainant was present during the hearing.

Decision

5. The Respondent submitted that the CPIO vide his letter dated 2.1.09 had sent a
letter addressed to the Complainant by the Sr. Personnel Officer dated 01.01.09
stating that the information sought is third party information. The Respondent
informed the Commission that submissions were invited under Section 11(1)of the
RTI Act, 2005 from both Mr.Hari Kant Sharma and Mr. S.P. Rai , information about
whom was being sought by the Complainant and that while Mr. S.P. Sharma has given
his consent for disclosure of the information, Mr. Hari Kant Sharma has denied
disclosure. The Respondent also stated that he denied disclosure of information to the
Complainant in respect of Mr. Hari Kant Sharma under Section 8(1)(j) of the RTI Act
as personal information and also believes that information cannot be given under
Section 8(1)(g) as any such disclosure may endanger the physical safety of Mr.
Sharma as there is an ongoing enmity between Mr. Sharma and Mr. Rai.

6. On hearing the submissions of both sides and after careful consideration of the
exemptions invoked, and while noting that the same information about Mr. Rai has
been disclosed without invoking any exemption sub clause, the Commission, to be fair
to Mr. Rai, and also because the information sought is in the custody of the Public
Authority and is already in the public domain, directs the CPIO to provide complete
information about Mr. Sharma also to the Appellant and accordingly disposes off the
appeal.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar

Cc:

1. Mr. Kumar Bhaibhab Tiwari
Advocate
C.J.M Court Compound,
Dist. Jhansi
Jhansi

2. The PIO
North Central Railway
O/o the Chief Workshop Manager
Jhansi Division
Jhansi

3. The Appellate Authority
North Central Railway
O/o the Chief Workshop Manager
Jhansi Division
Jhansi

4. Officer in charge, NIC

5. Press E Group, CIC

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