Central Information Commission
CIC/AD/A/2010/000003
Dated 8th February, 2010
Name of the Applicant : MR. DINESH SAHI
Name of the Public Authority : N R RAILWAY, GORAKHPUR
Background
1. The Applicant filed his RTI request on 06.04.09 with the CPIO, North Eastern Railway,
Gorakhpur seeking information related to the enquiry conducted by the vigilance
department based on his complaint including the copies of the report, orders and
correspondence. The PIO replied on 14.05.09 informing the Applicant that the enquiry
has been conducted and the disciplinary action has been taken against people who
were found responsible and he also denied the remaining information under Section
8(1)(g) of the RTI Act, 2005. Not satisfied with the reply, the Applicant filed his First
Appeal 16.07.09 stating that in public interest the information should be provided to
him and hence denial of information under Section 8(1)(g) of the RTI Act, 2005 is not
tenable. The Appellate Authority, however, upheld the decision of the PIO. Being
aggrieved with the reply the Applicant filed his Second Appeal on 09.09.09 requesting
for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 8th February, 2010.
3. Mr. Alok Kumar, DGM cum PIO, Mohd. Zeauddin, Dy CVO cum Deemed PIO and Mr.
Nilabh Ojha CVI represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
4. The Respondent submitted that the enquiry was conducted in the month of November,
2008 on the complaint filed by the Appellant related to the departmental selection
process. He added that punishment order has been issued by the Personnel
Department to 2 people based on the enquiry. On reviewing the submissions on record
the Commission observed that the information sought by the Appellant may be
provided and in the light of the Respondent’s submission that names of other people
are included in the report which are exempt from disclosure under Section 8(1)(g) of
the RTI Act directs the PIO to use Section 10(1) to sever the parts of the information
in the enquiry report, and file notings, which are exempt from disclosure under any
sub clause of Section 8(1) of the RTI Act while informing the Appellant the reasons for
severing the information. The information to be provided by 15th March, 2010.
6. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Dinesh Sahi
Sahi Sadan
Harihar Prasad Dubey Marg
Betiahata
Gorakhpur – 273 001.
2. The PIO
North Eastern Railway
O/o the General Manager (Vig)
Gorakhpur – 273 012.
3. The Appellate Authority
North Eastern Railway
O/o the General Manager
Gorakhpur – 273 012.
4. Officer in charge, NIC
5. Press E Group, CIC