CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai,
New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2009/000606/3314
Appeal No. CIC /SG/A/2009/000606
Relevant Facts
emerging from the Appeal
Appellant : Mr Anwar Moghani Humayun
Ward No. 1, Papadhata, Bazar,
Post Office Road, Chakradharpur,
W.Singhbhum,
Jharkhand
Respondent : Public Information Officer,
South Eastern Railway,
Chakradharpur,
Jharkhand.
RTI application filed on : 05/12/2008 PIO replied : Not Mentioned First appeal filed on : 11/02/2009 First Appellate Authority order : Not Mentioned Second Appeal received on : 28/03/2009 Information sought:-
The Appellant had asked in RTI application about the guidelines under which the
drafted staff is still continuing his job after completion of his tenure as drafted and did not
resume his office of CC(E)/G, LC as per Sl.No. – 38/39. The same staff is still getting 440/-
extra payment since years. He has also enquired about that the LP becomes eligible for the
drafted post after cooling off period but some staff has been provided drafted position without
completing their cooling off period. He also sought clarification that the drafted staff cannot
perform their duty without the sanction of G.M., and should not be entitled the amount of
440/- per month.
PIO’s Reply:
Not Mentioned
The First Appellant Authority’s Order:
Not Mentioned
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr Anwar Moghani Humayun
Respondent: Absent
The appellant has brought a reply giving the information by Mr. N.Haq, PIO, Additional
Divisional Railway Manager, Chakradharpur South Eastern Railway, Jharkhand. It appears
that the information has been provided. However, it is clear that information has been
provided very late.
Decision:
The appeal is allowed.
The information has been provided to the appellant.
The issue before the Commission is of not supplying the complete, required information
by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying
within 30 days, as per the requirement of the RTI Act. It appears that the PIO’s actions
attract the penal provisions of Section 20 (1) .
A showcause notice is being issued to him, and he is directed give his reasons to the
Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 29 June 2009 at
5.30pm alongwith his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1). He will also submit proof of having given the
information to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
19th May, 2009
(In any correspondence on this decision, mentioned the complete decision number.)