In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000615
Date of Hearing : June 27, 2011
Date of Decision : June 27, 2011
Parties:
Applicant
Shri Arun Kushwaha
21/3, Mathura Road
Vallabhgarh
Faridabad (Haryana)
Applicant was present.
Respondent(s)
Eastern Railway
Dy.Chief Mechl. Engineer/Crane
Jamalpur Division
Jamalpur.
Represented by : Shri Ramen Mallick
(Heard through Audio Conferencing)
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000615
ORDER
Background
1. The RTI Application dated 4.9.2010 was filed by the Applicant with the PIO, Eastern Railway,
Jamalpur requesting for information related to the Quarters occupied by one Shri Raj Kishore
Chourasia. In particular he sought the copy of the application for the Quarter submitted by Shri
Chourasia. The PIO replied on 30.9.2010 returning the IPO and stating that it was not in favour of
the correct payee. The Applicant then filed his first appeal on 19.11.2010, once again requesting
for the information. The Appellate Authority replied on 18.12.2010 stating that the information
sought in the RTI Application and in the first appeal are different and that new information cannot be
sought at the appeal stage. The Applicant then filed his second appeal before the Commission on
8.1.2011 stating that the information provided to him is incomplete. He wanted to know when Shri
Raj Kishore Chourasia had lived in Qtr No. 532 and also the rent at the time he was allotted the
quarters in 1983. He also requested for the application filed by Shri Raj Kishore Chourasia based
on which he was allotted the quarter.
Decision
2. During the hearing the Applicant sated that he was forced by some unknown person to sign a letter
stating that he is satisfied with the information provided to him and that he wishes to withdraw his
appeal. The PIO who was heard through Audio Conferencing refuted this allegation and insisted
that the Appellant had voluntarily signed the letter expressing his satisfaction with the information
received. Since the Commission is not in a position to find out the facts with respect to this matter,
the Appellate Authority is directed to enquire into the allegation of the Applicant and to take
appropriate action based on the outcome of the enquiry. A copy of the enquiry report and information
on action taken may be shared with the Appellant.
2. With regard to the information sought by the Appellant, the Respondent, who was heard over the
telephone, submitted that the original application for allotment of quarters was submitted by Shri.
Raj Kishore Chourasia in 1983 and that the same being more than 30 years old is not available in
the records since it must have been weeded out. The Applicant refused to accept this explanation
since according to him Shri.Raj Kishore Chourasia had vacated the said quarters only in 2010. His
contention was that it is not possible to vacate the quarters without referring to the date on which
Shri. Chourasia had applied for the quarters. He stated that he is convinced that the information is
available in the file and that it is deliberately not being given to him with malafide intention. He
insisted on being provided with a copy of the application letter for allotment of quarters filed by Shri
Chaurasia.
3. The Commission after hearing both sides directs the PIO to allow inspection of the complete file/s
related to the allotment of the quarters to Shri Raj Kumar Chourasia by the Appellant so that he is
convinced that the application form is indeed not available in any concerned . The inspection may be
completed by 27th July 2011.
4. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc
1. Shri Arun Kushwaha
21/3, Mathura Road
Vallabhgarh
Faridabad (Haryana)
2. The Public Information Officer
Eastern Railway
Dy.Chief Mechl. Engineer/Crane
Jamalpur Division
Jamalpur.
3. The Appellate Authority
Eastern Railway
O/o the Chief Workshop Manager
Jamalpur
Jamalpur.
4. Officer Incharge, NIC.
In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the
RTI Act, giving (1) copy of RTI application, (2) copy of PIO’s reply, (3) copy of the decision of the first
Appellant Authority, (4) copy of the Commission’s decision, and (5) any other documents which
he/she considers to be necessary for deciding the complaint. In the prayer, the
Appellant/Complainant may indicate, what information has not been provided.