In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000287
CIC/AD/A/2011/000372
Date of Hearing : March 22, 2011
Date of Decision : March 22, 2011
Parties:
Applicant
Shri Anil Kumar Shukla
Nav Bharat Times
The Times of India
Shivanand Society
Bhaskar Colony
Kopari
Thane (West)
Thane
The Applicant was present at NIC Studio, Mumbai.
Respondents
The Public Information Officer
Central Railway
Divisional Railway Manager's Office
Commercial Branch, CST
Mumbai
Represented by : Shri Atul Rane, PIO
NIC Studio, Mumbai
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/2011/000287
CIC/AD/A/2011/000372
ORDER
Background
1. The Applicant filed an RTI application dt.15.2.10 with the PIO, Central Railway, Mumbai seeking
information against 5 points with regard to Public Authority’s letter dt.5.2.10 in response to his RTI
application dt.30.3.09 about the non transfer of Shri Deepak Kadam, who is working at Thane PRS
since 10/2/2000 although transfer policy says that there should be periodical transfers after every
four years. On not receiving any reply, the Applicant filed an appeal dt.3.6.10 with the Appellate
Authority reiterating his request for the information. Shri Atul Rane, PIO replied on 9.6.10 furnishing
point wise information. Not satisfied with the reply, the Applicant filed an appeal dt.16.6.10 with the
Appellate Authority commenting on the reply provided. Shri Ved Prakash, Appellate Authority vide
his Order dt.30.9.10 upheld the decision of the PIO. Being aggrieved with the reply, the Applicant
filed a second appeal dt.11.11.10 before CIC.
Decision
2. The Respondents submitted during the hearing that the information sought by the Appellant, ie.
reasons for not transferring Mr. Deepak Kadam, are not available in material form in the files . The
Commission, however, in the interest of the Appellant and in order to ensure that the Appellant
satisfies himself that there are indeed no such reasons as sought by him available in the records,
directs the PIO to allow the Appellant to inspect the transfer/posting files of Shri Deepak Kadam and
Shri Mishra on a mutually convenient date and time and to provide him with attested copies of any
relevant documents/file notings identified , free of cost. The Appellant is at liberty to approach the
Commission, if the information sought by him is available in the records and if he continues to
believe that this information has been denied to him by the PIO with malafide intentions. The entire
exercise to be completed by 22.4.11.
3. The Commission directs the PIO to show cause as to why a penalty of Rs.250/ per day (Rs.25000)
should not be levied on him for not responding to the RTI application within the stipulated time period
as prescribed in the RTI Act. He is directed to submit his response to the Commission by 29.4.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Anil Kumar Shukla
Nav Bharat Times
The Times of India
Shivanand Society
Bhaskar Colony
Kopari
Thane (West)
Thane
2. The Public Information Officer
Central Railway
Divisional Railway Manager’s Office
Commercial Branch, CST
Mumbai
3. The Appellate Authority
Central Railway
Divisional Railway Manager’s Office
Commercial Branch, CST
Mumbai
4. Officer Incharge, NIC
