Central Information Commission
CIC/AD/A/2010/000812
Dated August 6, 2010
Name of the Applicant : Shri Kamal Kishore Thathera
Name of the Public Authority : North Western Railway HQ
Background
1. The Applicant filed an RTI application dt.17.9.09 with the PIO, North Western Railway HQ, Jaipur.
He sought the following information with regard to two representations dt.10.1.05 and 12.1.05:
i) Which of the Para of his representation found true and which found false
ii) If his complaint was right, whether any one was found guilty in delaying his case and
penalized or at least counseled
iii) To provide an attested copy of fact finding enquiry if conducted
iv) If it was decided not to conduct any enquiry, the reasons for this decision may be apprised
u/s 4(1)(d) as he has been affected by this decision.
v) To provide attested copies of the files used in taking action on his
applications/representations.
Shri Rajeev Singh, PIO replied on 7.10.09 stating that the information sought does not fall under the
definition of ‘information’ as defined u/s 2(f) of the RTI Act. Not satisfied with the reply, the Applicant
filed an appeal dt.18.11.09 with the Appellate Authority reiterating his request for the information. The
Appellate Authority replied on 22.12.09 directing the Nodal Officer to provide the information within 10
days. On not receiving any information, the Applicant filed a second appeal dt.1.4.10 before the CIC
stating that the decision of the Appellate Authority had not been complied with.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for August 6,
2010.
3. Shri Rajeev Singh, PIO and Shri M.K.Sharma, APIO represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. Shri Rajeev Singh, Respondent PIO submitted that the Appellate Authority in his order dt.22.12.09
had directed the Nodal officer to provide the information. He further added that in compliance with
the order of the Appellate Authority, the Appellant was informed on 26.4.10 that he had already been
informed on 12.1.10 that the telegram and representation sent by the Appellant on 10.1.05 and
12.1.05 had not been received in the office.
6. The Commission after hearing the submission of the Respondent and as suggested by the
Respondent, advises the Appellant to provide the photocopies of the representations to the PIO and urges the
PIO and AA to give a personal hearing to the Appellant and to try and settle the issues as mentioned by the
Appellant in his representations, at the earliest.
7. The appeal is dismissed.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Kamal Kishore Thathera
Opp: AOne Kashida Center
Farason Ka Bangala
Moti chowk
Jodhpur 342 001
2. The PIO
North Western Railway
Headquarter Office
Hasanpura Road
Jaipur
3. The Appellate Authority
North Western Railway
Headquarter Office
Hasanpura Road
Jaipur
4. Officer incharge, NIC