In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000651
Date of Hearing : June 27, 2011
Date of Decision: June 27, 2011
Parties:
Applicant
Shri M. Banerje,
Plot No. 202/A, Gokul Brindavan Apartment,
Awale Babu Chowk, Lashkari Bagh,
Nagpur, Maharashtra
The Applicant was present for the at the hearing at NIC Studio, Nagpur.
Respondents
South East Central Railway,
Divisional Railway Manager's Office,
Nagpur Division,
Nagpur.
Represented by: Smt. Alka Mehra, Appellate Authority & ADRM
Dr. P.K. Singh, Add. CMS & Deemed PIO
NIC Studio, Nagpur
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000651
ORDER
Background
1. The Applicant filed an RTI application dt. 22072010, with the PIO, South East Central Railway, Nagpur
requesting for the following information;
“Non treating of the period of 06112009 to 27112009 as on duty with supporting rule (IE Super session of
Board’s letter no. 86/H/5/11, dt. 07121990 and clause of 524 of IRMM)”.
2. On 27072010, the Applicant was asked to send the copies of the two representations he had
referred to in his RTI application. The letters were then sent to CMS on 06082010. A reply was then
furnished by Chief Medical Superintendent on 17082010 to the Applicant providing detailed information
with regard to Nontreating of period 06112009 to 27112009 as on duty. The Appellant filed his 1 st
appeal on 15092010 to which the Appellate Authority replied on 51010 providing further clarification.
The Appellant however filed his 2nd appeal before the Commission stating that he is not satisfied with the
supporting rule furnished to him.
Decision
3. During the hearing, the Appellant once again sought the rule with respect to Not treating period under
PME as duty. The Respondent submitted that the relevant rule for period under PME to be treated as
duty is available and not what is being sought by the Appellant as such a rule does not exist. The PIO
may inform the Appellant about the non availability of such a rule formally in writing.
4. The PIO is directed to show cause as to why a penalty should not be imposed upon him for not furnishing
the information within the prescribed time period. He is directed to submit his written response to the
Commission by 27072011.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri M. Banerje,
Plot No. 202/A, Gokul Brindavan Apartment,
Awale Babu Chowk, Lashkari Bagh,
Nagpur, Maharashtra
2. The Public Information Officer
South East Central Railway,
Divisional Railway Manager’s Office,
Nagpur Division,
Nagpur.
3. The Appellate Authority
South East Central Railway,
Divisional Railway Manager’s Office,
Nagpur Division,
Nagpur
4. Officer in charge, NIC