In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/901422
Date of Hearing : September 1, 2011
Date of Decision : September 1, 2011
Parties:
Applicant
Shri N R Choudhary
H.No. 440, Sector 39
Near Medanta Medicity
Gurgaon
Haryana.
Applicant was present.
Respondent(s)
Ministry of Railways
EDV (S) & PIO V
Railway Board,
Rail Bhawan
New Delhi.
Represented by : Shri R K Shekhawat, DVE - 1
Shri Anil Kumar.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/901422
ORDER
Background
1. The RTI Application dated 5.4.11 was filed by the Applicant with the PIO, M/o Railways, Rail
Bhawan, New Delhi. He sought information against 19 points with regard to the Railway Board case
No. 2007/V3/RVNL/5CTE & CVC File No. 0725/Rly/1 dated 18.9.2008. The PIO on 29.4.11
transferred the points e, f, g, h and p to the Central Vigilance Commission, New Delhi requesting
the PIO to provide the information directly to the Applicant. PIO, M/o Railways on 6.5.11 replied to
the Applicant enclosing the information received from the concerned branch. Thereafter the Applicant
filed an appeal before the Commission on 24.5.11 which was registered by the Commission on
6.6.11, seeking the missing information. The Commission issued an order dated 17.8.11 directing
the PIO, M/o Railways to appear before the Commission for a hearing in this regard.
2. The Commission received a rejoinder dated 29.8.11 from the CPIO M/o Railways stating that the
office has already sent a reply dated 6.5.11 and 16.5.11 to the Applicant . He also stated that the
first appeal has not been received in his office . The CPIO further added that items (e), (f), (g), (h) and
(p) were transferred to CPIO/CVC on 29.4.11 to which CVC replied on 30.5.11 indicating that the
information has already been furnished on the above items on 20.5.11. According to him a reply
pertaining to remaining items (a), (b), (c), (d), (m), (n), (i), (j), (k), (o), (r) (s) of the Application
concerning vigilance Dte. Has been furnished to the Appellant vide letter dated 6.5.11.
Decision.
3. During the hearing the Appellant submitted that he had inspected the relevant file which was shown
to him by the PIO, CVC and that on 20.5.11 he was provided with all the documents identified by
him. He complained about the delay in finalizing his case by the Public Authority about the
chargesheet having been issued to him after nearly two years after the investigation was completed
by the Vigilance branch. The Respondent from the Vigilance branch (Railway Board), however,
insisted that the delay was not at the level of the vigilance branch(Rly Board) while explaining that
the delay in issuing the charge sheet was due to new facts being having been brought before the
Vigilance branch at different points of time by the Appellant. The Respondent reiterated that the
information against points a, b, c, d, l, m, n was not disclosed in their reply dated 6.5.11 since the
same was exempted from disclosure as the Appellant’s case has not yet been finalized. He also
added that the matter at present is lying in the office of the Disciplinary Authority awaiting its
finalization by him as also his decision.
4. The Commission is of the opinion that three years is a long enough period for a case such as the one
pertaining to the Appellant to have reached its finality and that any further delay in taking a decision
would tantamount to deliberate harassment of the Appellant. In this connection, it has been noted
from the submission by the Respondents that the matter is lying with the Disciplinary Authority for
his decision for almost two months and that it is not known when the decision will be taken .
5. The Commission therefore recommends in the interest of the Appellant and in the light of its
observations in para 4 that the Disciplinary Authority finalize the case and take a decision on the
matter preferably by 15th October 2011. Once a decision is taken, the Appellant may be allowed to
inspect all the relevant files and be provided with copies of documents identified by him, free of cost.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
1. Shri N R Choudhary
H.No. 440, Sector 39
Near Medanta Medicity
Gurgaon
Haryana.
2. The Public Information Officer
Ministry of Railways
EDV (S) & PIO V
Railway Board,
Rail Bhawan
New Delhi.
3. The Appellate Authority
Ministry of Railways
Advisor (Vig) & AA - V
Railway Board,
Rail Bhawan
New Delhi.
4. Officer Incharge, NIC.