Central Information Commission Judgements

Mr. Love Mohan Varshney vs Northern Railway on 26 November, 2009

Central Information Commission
Mr. Love Mohan Varshney vs Northern Railway on 26 November, 2009
             Central Information Commission
                                                    CIC/OP/A/2009/000233 -AD

                                                       Dated 26th November, 2009



Name of the Applicant                     :   MR. LOVE MOHAN VARSHNEY


Name of the Public Authority              :   NORTHERN RAILWAY

Background

1. The Applicant filed his RTI request on 20.08.08 with the PIO / Northern
Railway, New Delhi stating that he had filed a Complaint No.11-C.T./E
MAIL/I.R.T.C/M/369/08 and that he wants to know the action taken on his
complaint, as also the photocopy of action taken report.

2. The PIO replied on 05.11.08 enclosing information point wise, provided by
Sr.DCM/MB vide his letter dated 27.10.08. Being aggrieved with the reply, the
Applicant filed his first Appeal on 25.11.08 stating that information provided is
incomplete and unclear. On not receiving any reply from, the Appellate
Authority, he filed a Second Appeal before the CIC.

3. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 26th November, 2009.

4. Mr. Govind Prasad, Sr. DMM & PIO and Mr.M.S. Meena, H/ Clerk and
represented the Public Authority.

5. The Applicant was heard through audio conferencing during the hearing.

Decision

6. The Respondent submitted that the Appellant was informed that the
custodian of information against point 1 is the PIO, Northern Railway,
Moradabad and that the RTI request has been transferred to him (PIO,
Moradabad) on 10.10.08 requesting him to or provide information directly to
the Appellant. With regard to point 2, the Respondent stated that the
information has already been provided. The Appellant who was heard over
the telephone stated that the he has not received the information against
point 2 . The Commission, accordingly, directs the CPIO, Northern Railway,
Moradabad to provide a copy of Order of withdrawal of stoppage of
Mail/Express trains to the Appellant and the CPIO, Allahabad to provide
information once again against point 2, by 20th December, 2009. The CPIO,
Allahabad also to show cause why a penalty of Rs.250/- per day should not
be levied on him for not providing the information till date. The response to
reach the Commission by 25 December, 2009.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar

Cc:

1. Mr. Love Mohan Varshney
Advocate
Narayan Tola,
Thana – Bahjoi,
Tehsil – Chandausi,
Moradabad.

2. The PIO
Northern Railway
Divisional Railway Manager’s Office
Moradabad Division
Moradabad.

3. The Appellate Authority
Northern Railway
Divisional Railway Manager’s Office
Moradabad Division
Moradabad.

4. Officer in charge, NIC

5. Press E Group, CIC