In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001778
Date of Hearing : January 24, 2011
Date of Decision : January 24, 2011
Parties:
Applicant
Shri Harish Kumar Nigam
Advocate
Chamber No.103
Western Wing
Tis hazari Courts
Delhi 110 054
The Applicant was present along with Shri Suresh Chand Joshi during the hearing.
Respondents
Ministry of Railways
O/o ED(EN) and PIOI
Railway Board
Rail Bhawan
New Delhi
Represented by : Shri Koshy Thomas, JDPC II, Shri Harikrishan, DPC II and Shri U.K.Tiwari DDPC
VI
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001778
ORDER
Background
1. The Applicant filed an RTI application dt.10.5.10 with the PIO, Railway Board seeking information
against 5 points with regard to the implementation of Sixth CPC recommendations . He also sought
copies of gazette notification in which it is recommended that Section Officers and Assistant
Auditor/Accounts Officers of IA&AD and all organized accounts cadres have been placed in PB2 with
GP of Rs.4800 and also copy of gazette notification that GP of Rs.5400, Rs.4800, Rs.4600 and Rs.
4200 are given Group B Status and copy of the reply given to unstarred question No.6659 on 6.5.10.
Shri R.D.Choudhury, CPIOI replied on 9.6.10 enclosing the information furnished by S.O/PCVI who
stated that no such gazette notification / orders have been issued by the office against points a, b &
d(part) . With regard to points d and e, he stated that information sought is in the nature of seeking
opinion/clarification which is not covered under the definition of ‘information’ under RTI Act. He
provided the copy of the reply provided to unstarred question No.6659. Shri A.K.Nigam, Appellate
Authority vide his order dt.30.7.10 disposed of the appeal dt.8.7.10 (copy not enclosed) by
upholding the decision of the PIO. Being aggrieved with the reply, the Applicant filed a second
appeal dt.4.10.10 before CIC.
Decision
2. During the hearing, the Respondents reiterated that with regard to points 3(a), 3(b) and 3(d) of the
RTI application no gazette notification has been issued and that there is only a letter/s issued in this
regard by the Railway Board. He added that perhaps the gazette notification might have been
issued by DoPT
3. The Commission after hearing the submission by the Respondents directs the PIO to provide an
affidavit to the Commission with a copy to the Appellant stating that no gazette notification as sought
by the Appellant against points mentioned above has been issued. The affidavit should reach the
Appellant/Commission by 28.2.11. A copy of the letter/s mentioned in para 2 may also be furnished
to the Appellant along with the copy of the affidavit. With regard to the information available with
DoPT, the Appellant is advised to file a fresh RTI application with DoPT .
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Harish Kumar Nigam
Advocate
Chamber No.103
Western Wing
Tis hazari Courts
Delhi 110 054
2. The Public Information Officer
Ministry of Railways
O/o ED(EN) and PIOI
Railway Board
Rail Bhawan
New Delhi
3. The Appellate Authority
Ministry of Railways
O/o Advisor (IR)
Railway Board
Rail Bhawan
New Delhi
4. Officer Incharge, NIC