In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001108
Date of Hearing : July 21, 2011
Date of Decision : July 21, 2011
Parties:
Applicant
Shri Ashok Kumar Shukla
Advocate
R/o 51/1, Subhash Nagar
Meerut
The Applicant was heard through audio
Respondents
Northern Railway
Headquarters Office
Baroda House
New Delhi
Represented by : Shri A.S.Negi, PRO
Shri Rakesh Tyagi, Dy.GM/Law
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001108
ORDER
Background
1. The Applicant filed an RTI application dt.27.10.10 with the PIO, Northern Railway HQ seeking
information against eighteen points with regard to the working of the Public Relations Department and
the advertisements issued by it. The PIO replied on 28.12.10 furnishing point wise information. On
not receiving any reply to the first appeal which he filed , the Applicant filed a second appeal
dt.31.3.11 complaining about the delay in receipt of the information and about his disposal not being
disposed off by the Appellate Authority.
Decision
2. During the hearing, the Respondents submitted that the RTI Application was received on 21.10.10
and that the same was returned on 22.10.10 since the IPO was drawn in favour of the wrong payee.
The RTI application with correct PIO was received on 1.12.10 and information provided on 28.12.10.
In response to the Appellant’s complaint that information was received only on 12.1.11, the
Respondents produced before the Commission the stamp giving the date of dispatch as 28.12.10.
He also sated that the information was dispatched by speed post. The Commission directs the PIO
to provide details of the speed post to the Appellant. It is clear from the submissions of the
Respondent that there is no delay on the part of the PIO to dispatch the information. (It may be noted
at this juncture that the Appellant has not submitted the reply of the PIO to the Commission along
with his appeal which makes it difficult for the Commission to adjudicate the matter).
3. As for the complaint of the Appellant that the Appellate Authority had not disposed of the first appeal,
it was noted that the Appellant has not filed any first appeal and that his letter dt.25.1.11 is addressed to the
PIO and has been written in response to the reply furnished by him to the RTI application. Since it was simply
a letter to the PIO it was not registered as an appeal, as submitted by the Respondents. Hence the complaint
that Appellate Authority had not disposed of the appeal in time holds no merit.
4. It is also noted that the Appellant has simply insisted that penalty should be imposed upon the PIO
and has stated not indicated the deficiencies in the information provided to him. However, even though the
Appellant has not identified any deficiencies in the information , the Commission reviewed the information
provided in response to the 3 page RTI application containing eighteen queries and noted that in points 1,
2, 3, 5, 6, 8, 10 to 14, 16, the Appellant is either seeking information not available in the records or eliciting the
opinion of the PIO which PIO is not obligated to furnish or simply making a statement which requires no
disclosure of information. As for the remaining information, the same has already been furnished to the
Appellant.
5. As for the supply of photocopies of some newspapers of a number of years and other documents
running into around 800 pages, for which the PIO, as per his submission, has already sought
additional fees, the Appellant may be provided the copies free of cost upto 50 pages only . He may
be charged @ Rs.2/ per page for pages beyond that number.
6. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Ashok Kumar Shukla
Advocate
R/o 51/1, Subhash Nagar
Meerut
2. The Public Information Officer
Northern Railway
Headquarters Office
Baroda House
New Delhi
3. The Appellate Authority
Northern Railway
Headquarters Office
Baroda House
New Delhi
4. Officer in charge, NIC