Central Information Commission Judgements

Mr.Amit Lal Arora vs Northern Railway, Lucknow on 25 May, 2009

Central Information Commission
Mr.Amit Lal Arora vs Northern Railway, Lucknow on 25 May, 2009
             Central Information Commission
                                                            CIC/OK/A/08/01169-AD

                                                                  Dated May 25, 2009

Name of the Applicant                     :   Mr.Amit Lal Arora

Name of the Public Authority              :   Northern Railway, Lucknow

Background

1. The Applicant filed an RTI application dt.25.10.07 with CPIO, NR, Lucknow.

He requested for information against 5 points regarding earnest money which
he had deposited with I respect of his contract as an FDR. The CPIO replied
on 22.4.08 providing some information. Not satisfied with the reply, the
Applicant filed an appeal dt.24.6.08 with the Appellate Authority reiterating
his request for the information. The Appellate Authority replied on 18.7.08.
Aggrieved with the reply, the Applicant filed a second appeal dt.10.8.08
before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 25, 2009.

3. Mr. Govind Prasad, Sr. DMM cum PIO and Mr. S.K. Gupta, SO represented the
Public Authority.

4. The Applicant was not present during the hearing.

Decision

5. The Respondent submitted that the Appellant who is a contractor had
deposited some earnest money in the form of an FDR and requested for
information including release of repayment of the earnest money. He stated
that a similar RTI application dealing with the same issue was filed by the
Appellant on 2.2.07 and that as per decision No.CIC/OK/A/2007/01254 dated
18.3.08, the Appellant was directed to submit an acknowledgement of the
FDR to the Accounts Office to enable the Respondent to provide necessary
information about payment. He added that the Appellate Authority reminded
the Appellant about this earlier CIC decision mentioned hereinabove on
18.7.08 and asked the Appellant again to submit the required
acknowledgement so that information can be provided. The Appellant,
however, did not produce any such document. The Respondent further added
that the photocopy of the Register of FDRs had already been presented
before the Commission during the earlier hearing and that the name of the
Appellant was not found in the register. In the light of the submission by the
Respondent, the Commission upholds the decision of the Appellate Authority
and suggests that the Appellant produce the document (acknowledgment of
FDR) in order to get the information.

6. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Mr.Amit Lal Arora
555/Kha/2/5
Bhola Khera
Alam Bagh
Lucknow 226 023

2. The CPIO
Northern Railway
Divisional Railway Manager’s Office
Lucknow Division, Hazratganj
Lucknow

3. The Appellate Authority
Northern Railway
Divisional Railway Manager’s Office
Lucknow Division, Hazratganj
Lucknow

4. Officer in charge, NIC

5. Press E Group, CIC