Central Information Commission Judgements

Mr.Dashrath Ram vs Ecr, Samastipur on 28 May, 2009

Central Information Commission
Mr.Dashrath Ram vs Ecr, Samastipur on 28 May, 2009
             Central Information Commission
                                                          CIC/OK/A/08/01099-AD

                                                               Dated May 28, 2009

Name of the Applicant                    :   Mr.Dashrath Ram

Name of the Public Authority             :   ECR, Samastipur

Background

1. The applicant filed an RTI application dt.14.11.07 with the CPIO, ECR,
Samastipur. He requested for information against sanctioned posts of ticket
checker in the period 1.4.92 to 31.3.93 under various categories, how many
have been appointed since March 1993, Numbers in the General category
during this period and so on. The CPIO replied on 8.1.08 providing point wise
information. The Applicant filed an appeal dt.12.2.08 with the Appellate
Authority stating that he received incomplete information. The Appellate
Authority replied on 14.5.08 providing further clarification regarding the break
up between SC, AT and General stating that before 1994, there was 40%
reservation for SC/ST and after 1995, 15% for SC and 7% for ST, rest
general. Aggrieved with this reply, the Applicant filed a second appeal dt.nil
before the CIC reiterating his request for the information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 28, 2009.

3. Mr.R.D.Maurya, PIO and Mr.S.Mishra, DPO represented the Public Authority.

4. The Applicant was present during the hearing.

Decision

5. The Respondent submitted that records for the year 1992-1993 regarding
break up of vacant posts of Ticket Checker are not available. The Applicant
agreed to visit the office and search for the records himself with help from
the office regarding information against points 1 & 2. In the event the
records are located, certified copies of the same to be provided to the
Appellant before June 20, 2009.

6. The Commission directs the CPIO to show cause as to why a penalty of
Rs.250/- per day (Maximum Rs.25000/-) should not be levied on him for not
responding to the Appellant within the stipulated time prescribed in the RTI
Act. The information should reach the Commission before June 20, 2009.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Mr.Dashrath ram
Divisional Ticket Collector
O/o Chief Ticket Collector
East Central Railway
Samastipur

2. The PIO
East Central Railway
Divisional Railway Manager’s Office
samastipur Division
Samastipur

3. The Appellate Authority
East Central Railway
Divisional Railway Manager’s Office
samastipur Division
Samastipur

4. Officer in charge, NIC

5. Press E Group, CIC