In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001611
Date of Hearing : May 11, 2011
Date of Decision : May 11, 2011
Parties:
Applicant
Shri Ashwani Kumar
F178/F2, Dilshad Colony
Delhi 110 095
The Applicant was present during the hearing.
Respondents
The Public Information Officer
Northern Railway
Headquarter Office
Baroda House
New Delhi
Represented by : Shri T.D.Dwivedi, PIO & Dy.FA
Shri S.N.Singh, Sr.AFA
Shri Rakesh Tyagi, DGM/Law
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/2010/001611
ORDER
Background
1. The Applicant filed an RTI Application dt.21.7.10 with the CPIO, Northern Railway, HQ seeking
permission to inspect the files in connection with the FA&CAO award function held on 21.12.09. The
PIO replied on 2.8.10 denying the information u/s 8(1)(j) of the RTI Act. Not satisfied with the reply,
the Applicant filed an appeal dt.6.8.10 with the Appellate Authority reiterating his request for the
information. On not receiving any reply, he filed a second appeal dt.13.9.10 before CIC.
Decision
2. During the hearing, the Respondents submitted that the Appellate Authority vide his order dt.13.9.10
had directed the PIO (Accounts) to allow inspection of records. When the Commission enquired
whether the directions of the Appellate Authority had been complied with, the Respondents replied in
the negative. At this stage, the Appellant submitted that prior to this RTI application, he had filed
another one seeking complete documents for which the Respondents had sought Rs.450/ towards
supply of 225 pages of information. Since he could not afford this amount , he sought inspection of
the files through the present RTI which has been denied u/s 8(1)(j) of the RTI Act.
3. The Commission after hearing the submissions made and on review of the information sought is of
the opinion that the information does not attract any of the exemption clauses and accordingly directs
the PIO to provide the complete information free of cost to the Appellant by 11.6.11 and the Appellant
to submit a compliance report to the Commission by 18.6.11.
4. The Commission views with concern the wastage of precious manhours as also financial loss to the
Railways caused due to the large number of officials accompanying the PIO and Appellate Authority
for hearings at the Commission. Time and again the undersigned has insisted that the PIO be
briefed by the deemed PIOs on the matter before the PIO appears for the hearing and that it is
enough if the PIO and AA are present at the hearing. It is therefore suggested that the CPIOs, NR,
HQ, Baroda House and the CPIO, Ministry of Railways, issue circulars discouraging large numbers
of officials from traveling to the Commission for hearings, unless they have been specifically directed
to appear by the undersigned.
5. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Ashwani Kumar
F178/F2, Dilshad Colony
Delhi 110 095
2. The Public Information Officer
Northern Railway
Headquarter Office
Baroda House
New Delhi
3. Officer in charge, NIC