In the Central Information Commission
at
New Delhi
CIC/AD/A/2010/000437
Date of Decision : July 25, 2011
Parties:
Appellant
Shri Mukat Behari Gupta
Advocate
Plot No.249
Sector No. One
Parth Bhawan
Malviya Nagar
Jaipur 302 017
Represented by: None
Respondents
1. The PIO
West Central Railway
Divisional Railway Manager's Office
Kota Division
Kota
2. The Appellate Authority
West Central Railway
Divisional Railway Manager's Office
Kota Division
Kota
Represented by: Mr. K K Mishra, APIO; Mr. K K Gaur, CLI; Mr. N K Srivastava, CLI; Mr. A K Srasawat, SSE
(Works) and Mr. D K Chaturvedi, CWLI
Information Commissioner : Mrs. Annapurna Dixit
_______________________________________________________________________
Decision Notice
The Commission, after perusal of the file/s in question finds that despite opportunities being given twice,
the Appellant has chosen not to appear on each occasion hence the need for personal hearing does not
exist anymore. The explanation offered by the PIO, NW Railway for the cause of delay in providing
information against the points 1,2 and 3 appear reasonable and hence is accepted by the Commission. The
penal proceedings against the PIO, NW Railway, Jaipur is accordingly dropped and the matter is disposed
of.
In the Central Information Commission
at
New Delhi
File No: CIC/OP/A/2009/000147
Date of Decision : July 25, 2011
ADJUNCT TO ORDER DATED 02.06.2010
1. In the captioned matter, based on the facts and the submissions of the parties, the Commission
passed the following order on 02.06.2010,
“…..4. The PIO, NW Rly to showcause as to why information against points 1, 2 and
3 was not provided within the mandatory period on receipt of the RTI
application. The response to reach the Commission by 28 June, 2010.
The PIO, WC Rly Kota to send a copy of this order to PIO NW Rly…..”
DECISION
2. Subsequently, the Commission received a communication dated 21.06.2010 whereby the PIO, WC
Railway informed the PIO, NW Railway about the aforementioned order of the Commission.
Meanwhile the Appellant also submitted a review application dated 21.06.2010 stating that he was
unable to attend the hearing on 02.06.2010 therefore, he sought a fresh hearing. Hence, the
Commission fixed a hearing on 31.05.2011 and issued notice dated 21.04.2011 intimating the
parties about the same.
3. The records of the case reveal that the PIO, NW Railway had responded to the Show Cause by the
letter dated 24.06.2010 stating that by their letter dated 04.01.2010, the PIO, NW Railway had
clarified that the information against points 1, 2 and 3 do not relate to the Jaipur Division. The same
communication was once again reiterated by the letter dated 19.05.2010 responding to the letter
dated 10.05.2010 issued by the PIO, WC Railway. The PIO, NW Railway stated clearly that the
information against points 1, 2 and 3 pertained to the NC Railway and whereas the case was
repeatedly wrongly transferred to the NW Railway’s office. However, the Appellate Authority, Jaipur
had sought the information from the concerned official from the Section of the NC Railway and sent
the same through fax dated 31.05.2010 to the WC Railway. The PIO, NW Railway further
submitted that if the communication would have been addressed correctly, the time taken in
acquiring such information could have been made available within the stipulated period of time.
4. In view of the fact that despite another hearing having been held on the specific request of the
Appellant, he was not available for the hearing. It is observed that the Appellant has already been
supplied with the information as sought by him. It is also evident that despite opportunities being
given twice, the Appellant has chosen not to appear on each occasion hence the need for personal
hearing does not exist anymore. The explanation offered by the PIO, NW Railway for the cause of
delay in providing information against the points 1,2 and 3 appear reasonable and hence is
accepted by the Commission. The penal proceedings against the PIO, NW Railway, Jaipur is
accordingly dropped and the matter is disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Shri Mukat Behari Gupta
Advocate
Plot No.249
Sector No. One
Parth Bhawan
Malviya Nagar
Jaipur 302 017
2. The PIO
West Central Railway
Divisional Railway Manager’s Office
Kota Division
Kota
3. The Appellate Authority
West Central Railway
Divisional Railway Manager’s Office
Kota Division
Kota
4. Officer incharge, NIC