In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001598
Date of Hearing : September 1, 2011
Date of Decision : September 1, 2011
Parties:
Applicant
Shri Mahesh Prakash
H.No.3, Gali No.7, Poonam Colony
Kota Jn
Rajasthan.
Applicant was present.
Respondent(s)
Ministry of Railways
IG(Admn) & PIOIV
Railway Board,
Rail Bhawan
New Delhi.
Represented by : Shri Sunil Kumar Singh.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001598
ORDER
Background
1. The RTI Application dated 16.9.2010 was filed by the Applicant with the PIO, M/o Railways, Rail
Bhawan, New Delhi. He sought information on action taken on his two letters which he had sent to
DG, RPF, Railway Board dated 28.9.99 and 1.11.91. The Applicant filed his first appeal on
1.11.2010 to which the Appellate Authority replied on 6.5.11 enclosing a brief provided by the
Director, RPF who stated that available information has already been provided to the Applicant vide
letter dated 25.10.2010 and that there is no further information available with the Public Authority.
The Appellant being aggrieved with this reply, filed his second appeal before the Commission.
Decision.
2. During the hearing the Respondent explained that the Appellant consequent to the D&AR
proceedings held against him, was first given a minor penalty which was subsequently converted into
a major penalty by the DG, RPF, because of which the office had to recover from the salary of the
Applicant Rs 600/ per month in view of the additional payments made to him when his penalty was
considered as minor penalty. The Respondent also stated that in this connection the file notings
given in the DG’s decision converting the minor penalty to major penalty have already been provided
to the Appellant. The Appellant on his part after admitting to having received the file notings
contended that the decision taken by the DG to convert the minor penalty into major penalty was
incorrect. He requested the Commission to direct the DG to convert the major penalty back to a
minor penalty.
3. The Commission after hearing both sides holds that the relief sought by the Appellant cannot be
granted to him since the same falls outside the ambit of the RTI Act. As suggested by the
Respondent during the hearing, the Appellant may approach the new DG with his grievance.
4. The appeal is rejected and the case closed at the Commission’s end.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
1. Shri Mahesh Prakash
H.No.3, Gali No.7, Poonam Colony
Kota Jn
Rajasthan.
2. The Public Information Officer
Ministry of Railways
IG(Admn) & PIOIV
Railway Board,
Rail Bhawan
New Delhi.
3. The Appellate Authority
Ministry of Railways
DG(RPF) & AAIV
Railway Board,
Rail Bhawan
New Delhi.
4. Officer Incharge, NIC.