Central Information Commission
CIC/OK/A/08/00629-AD
Dated May 13, 2009
Name of the Applicant : Mr.Binod Kumar Pathak
Name of the Public Authority : ECR, Hajipur
Background
1. The Applicant filed an RTI application dt.1.1.08 with the CPIO, ECR, Hajipur.
He requested for the investigation report in respect of the examination which
was conducted for promotion/selection of ASI in RPF. The CPIO replied on
23.1.08 enclosing information provided by the Vigilance Officer, Hajipur
which stated that information is being denied under Section 8(i)(h) since it
would impede the process of investigation. Not satisfied with the reply, the
Applicant filed an appeal dt.24.1.08 reiterating his request for the information.
The Appellate Authority replied on 12.2.08. Aggrieved with the reply, the
Applicant filed a second appeal dt.14.2.08 before the CIC stating that the
investigation is already over and that denial under section 8(i)(h) is not valid.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on May 13, 2009.
3. Mr. Om Prakash, DY. CVO/A represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondent submitted that irregularities were found in the process of
holding examination for selection/promotion to ASI in RPF by the Railway
Vigilance Officer and the result was withheld. The Appellant submitted that
the investigation on the irregularities was completed on 27.12.07 and the GM
had signed off on the investigation report and that he has a right to know the
contents of that report. Accordingly, the Commission directs the CPIO to
provide a certified copy of the investigation report to the Appellant after
removing all the information (using provisions of severability in Section 10(1)
of the RTI Act), which is exempt from disclosure under Section 8(1), ensuring
that names, designations of investigation officers, names of witnesses, etc.
are removed , to the Appellant by 10th June, 2009.
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Binod Kumar Pathak
Constable
O/o Railway Protection Force
East Central Railway
Darbhanga
Bihar
2. The CPIO
O/o General Manager
East Central Railway
Hajipur
Bihar
3. The Appellate Authority
O/o General Manager
East Central Railway
Hajipur
Bihar
4. Officer in charge, NIC
5. Press E Group, CIC