In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000343
File No: CIC/AD/A/2011/000344
Date of Hearing : March 17, 2011
Date of Decision : March 17, 2011
Parties:
Appellants
1. Shri Deba Prasad Ghosh
St. No. 1B Qrs. No. 4A
P.O. Chittranjan Distt Burdwan (WB)
PIN 713 331
2. Shri Jitendra Nath Roy,
St. No. 11, Otrs. No. 29/A,
P.O. Chittranjan,
Burdwan 713 331
The Appellants were present.
Respondents
Chittaranjan Locomotive Works
Chittranjan,
Distt. Burdwan 713 331
West Bengal
Represented by : Shir A.P. Dey, PIO and Shri A. Senbokshi, SPO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
Since the information is admittedly unavailable, its disclosure cannot be authorized. However, the
Respondents should affirm this fact in the form of an affidavit which they should submit to the Commission--
with a copy to the Appellants--by 04.04.2011. As regards, service book, it is directed that the PIO shall, on a
day, time and place to be identified and intimated to the Appellant, allow the Appellants to inspect the service
books of all 5 persons after removing any information u/s 10(1) of the RTI Act that is personal in nature and is
exempted from disclosure under Section 8(1).
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000343
File No: CIC/AD/A/2011/000344
ORDER
Background
1. The Applicants filed their RTIapplications dated 18.07.2010 with the PIO, CLW, Burdwan seeking
clarification in the case of Office order dated 15.6.86 as also the reasons for promoting Mr. A.N.
Ghosh and five others as Gr. II E/Fitter and placing them at higher seniority although they were junior
to them. The PIO, on 30.6.2010, forwarded the information supplied by SPO(W) to the Applicants (not
enclosed) . The Applicants, however, being unhappy with this reply, filed their 1stappeal before the
Appellate Authority on 30.07.2010 who, in his decision dated 08.10.2010, recorded that he had heard
the Applicants on 25.08.2010 and had advised them to address their grievances before the
competent authority. Further, the documents relating to the Applicants’ RTIapplication are more than
24 years old and thus could not be traced. The Applicants, thereafter, filed the present appeal in the
Commission on 29.11.2010 doubting the Respondents’ intentions to give the information to them.
Decision
2. The Respondents stated during the hearing that they had made a diligent search to locate the
information, but could not succeed. However, they admitted that they do have the service books of
those 5 persons mentioned in the Appellant’s RTIapplications.
3. Since the information is admittedly unavailable, its disclosure cannot be authorized. However, the
Respondents should affirm this fact in the form of an affidavit which they should submit to the
Commission–with a copy to the Appellants–by 04.04.2011. As regards, service book, it is directed
that the PIO shall, on a day, time and place to be identified and intimated to the Appellant, allow the
Appellants to inspect the service books of all 5 persons after removing any information u/s 10(1) of
the RTI Act that is personal in nature and is exempted from disclosure under Section 8(1). Following
the inspection, photocopies of inspected document shall be provided to the Appellants. This exercise
to be completed by 15.4.11.
4. The Appeals are disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Deba Prasad Ghosh
St. No. 1B Qrs. No. 4A
P.O. Chittranjan Distt Burdwan (WB)
PIN 713 331
2. Shri Jitendra Nath Roy,
St. No. 11, Otrs. No. 29/A,
P.O. Chittranjan,
Burdwan 713 331
3. The Appellate Authority
Chittaranjan Locomotive Works
Chittranjan,
Distt. Burdwan 713 331
West Bengal
4. Public Information Officer,
Chittaranjan Locomotive Works
Chittranjan,
Distt. Burdwan 713 331
West Bengal
5. Officer Incharge, NIC