Central Information Commission
No. CIC/AD/A/2010/900550
Dated: May 25th, 2010
Name of the Appellant : Mr. Atul Kumar
Name of the public Authority : Railway Board, Railway Bhawan, New Delhi
Background
:
1. Mr. Atul Kumar from West Bengal filed an RTI application on 02.04.2009 addressed to CPIO, RLY Board, seeking
point wise information and documents regarding his transfer and the rules & the procedure followed in the transfer
of an SAG Officer in less than two months. The Applicant further requested to provide the notings of the files and
the details regarding the Authorities who approved his transfer. The PIO in his letter dated 18.05.2009 provided the
information which was sought from the Directorate. The Directorate denied disclosure of information giving the
details of the personnel and the copies of file notings and replies under section 8(1)(j) of the RTI Act 2005 stating
that the information was purely personal with no relation with any Public interest or activity. Dissatisfied with the
reply, the Applicant filed the First appeal with the Appellate Authority on 25.05.2009 stating that the information
sought was not regarding any individual and was related with the policies of the transfer of a Public Servant; hence
the disclosure of the information would not cause any invasion of any individual’s privacy. On not receiving any
reply from the Appellate Authority, the Applicant filed the second Appeal before the Commission on 18/08/2009
stating that information sought by him was general and hence did not fall under Section 8(1)(j) of the RTI Act 2005.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, would hear this matter on 25th May, 2010.
3. Mr. Felix Kerketta, Nodal Officer and Mr. N. Vijayakumar, S.O./E/III represented the Public Authority and were
present during the hearing.
4. The Appellant was heard through audio Conferencing.
Decision:
5. During the hearing the Respondent submitted that the Applicant was transferred from Southern Railway to CLW
and then to Metro Railways within a period of two months and that the transfer from CLW to Metro was effected by
a letter written by GM to Member (Mechanical), Railway Board dated 05.02.2009 which is not available in the
records. However the transfer was done based on the reminder sent by the CLW dated 12.02.2009. It was also
noted by the Commission that the information sought against points 9, 11,14 & 15 of the RTI application does not
fall within the ambit of RTI Act 2005 as it seeks the opinion of PIO and no such information exists in the records.
6. The Commission noted that all the other information sought by the Appellant was available in the File records of the
Appellant. In the light of these submissions the Commission directs the PIO to allow the Appellant to inspect all the
files concerned and provide the photocopies of the documents required.
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Atul Kumar
7C Block D, Ideal Towers,
57, D.H. Road, Kolkata
West Bengal
2. The Executive Director and CPIOII,
Ministry of Railway
Railway Board, Rail Bhavan,
Raisina Road, New Delhi110001
3. The Appellate Authority,
O/o the Advisor(Staff),
Railway Board, Rail Bhavan,
Raisina Road, New Delhi110001
4. Officer in charge, NIC
5. Press E Group, CIC