Central Information Commission
CIC/OK/A/08/00616-AD
Dated May 15, 2009
Name of the Applicant : Mr.Binu E.M
Name of the Public Authority : Southern Railway, Palghat
Background
1. The Applicant filed an RTI application dt.5.7.07 with the CPIO, SR, Palghat.
He stated that he had parked his Hero Honda Splender Motor Bike at
Koyilandy Railway Station vehicle parking centre at 12.00 hrs on 4.7.06 vide
receipt No.25 dt.4.7.06 and approached the said centre for taking the bike at
17.30 hrs on the same day but to his dismay the bike was untraceable at the
parking area. He had complained to the Station Master, Koyilandy on 5.7.06
and Sr. Divisional Manager (Commercial) on 28.2.07 but there were no words
from them. He wants the matter to be investigated besides affecting the
compensation. The CPIO replied on 11.7.07 stating that on verification of the
application, it is noticed that the matter contained therein is like a public
complaint rather than seeking information. However, on verifying the matter
with the concerned section, it is learnt that the matter is pending before
Hon’ble Consumer Forum and Railway is not an opposite party as per
contractual agreement. Hence no correspondence has been made as a matter
of sub-judice. Not satisfied with the reply, the Applicant filed an appeal
dt.17.8.07 with the Appellate Authority. The Appellate Authority replied on
12.10.07 stating that the Applicant has filed a complaint before Hon’ble
Consumer Forum, Kannur with the Contractor and Station Master, Quilandy as
opposite parties. Since the responsibility vests with the Contractor, it is
requested to take up the matter with him and any further attempt to interfere
at this stage would not be correct since the matter is sub-judice. Aggrieved
with the reply, the Applicant filed a second appeal dt.23.4.08 before CIC
requesting the Commission to authorize the Railway to compensate for the
lost vehicle.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on May 15, 2009.
3. Both the Respondent and Appellant were absent at the hearing.
Decision
4. The Commission observed that the Appellant is not seeking any information
and holds that directing the Railways to pay him compensation is beyond the
purview of the RTI Act.
5. The appeal is accordingly rejected.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Binu E.M
HO – Edappangattu Meethal
PO – Kozhukkallur
Via – Meppayur
Kozhikode 673 524
2. The CPIO
Southern Railway
Divisional Railway Manager’s Office
Public Grievances Cell
Palghat 678 002
3. The Appellate Authority
Southern Railway
Divisional Railway Manager’s Office
Public Grievances Cell
Palghat 678 002
4. Officer in charge, NIC
5. Press E Group, CIC