In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000296
CIC/AD/A/2011/000297
CIC/AD/A/2011/000298
CIC/AD/A/2011/000299
Date of Hearing : April 29, 2011
Date of Decision : April 29, 2011
Parties:
Applicant
Shri Nandkishor Gupta
S/o Late Shri G.D.Khandelwal
H.No.1/756
Malviya Nagar
Jaipur 302 017
The Applicant was not present during the hearing.
Respondents
The Public Information Officer
North Western Railway
Headquarter Office
Hasanpura Road
Jaipur
Represented by : Shri Subash Rawat, PIO
Shri M.K.Sharma, APIO
Shri Dilip Viyas, Dy.CPO(IR)
Shri Suresh Chandra, Dy.CVO(S)
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000296
CIC/AD/A/2011/000297
CIC/AD/A/2011/000298
CIC/AD/A/2011/000299
ORDER
Background
1. The Applicant filed 4 RTI applications with the PIO, North Western Railway HQ, Jaipur seeking
information related to his service matters such as promotion, seniority, leave etc. He also sought the
details of AIRTEL calls made by him on 1.5.10 and also the copy of the attendance register of
Gazetted officials, list of officials to whom major penalty charge sheets had been issued etc.
Dissatisfied with the replies provided, the PIO and Appellate Authority, he filed second appeals before
the Commission.
S.No. Case No. RTI PIO Reply First Appeal AA Reply
Application
1 CIC/AD/A/2011/000296 16.8.10 9.9.10 17.9.10 6.10.10
2 CIC/AD/A/2011/000297 17.6.10 16.8.10 30.8.10 23.9.10
3 CIC/AD/A/2011/000298 5.7.10 17.8.10 30.8.10 1.10.10
4 CIC/AD/A/2011/000299 30.7.10 17.8.10 25.8.10 14.10.10
Decision
2. Based on discussions with the Appellant who was heard over the phone the Commission decided as
given below:
With regard to details of calls made by the Appellant on 1.5.10, the Respondents submitted that it is
an Airtel Number and the AIRTEL not being a Public Authority it is not possible to collect the details
of calls made by him (Appellant). They however did manage to get the information, all the same, and
that it was noted that no calls were made by the Appellant on 1.5.10 It was then agreed that the
PIO will provide the call details statement already obtained by the Respondents from AIRTEL
indicating that no calls were made on 1.5.10.
3. With regard to attendance register of Gazetted officials, the Respondents submitted that this kind of
information is not maintained as it is not required to be maintained and that there is no Gazette
notification in this connection. This information may be provided formally in writing to the Commission
in an affidavit with a copy of the affidavit to the Appellant. The list of employees issued with major
penalty charge sheets over the last 3 years even though the Appellant had not specified the period in
his RTI application, had already been provided to the Appellant according to the Respondents .
However, since the Appellant had denied having received the same, the PIO may provide a copy of
the said list once again.
4. The Respondents at this stage informed the Commission that the Appellant had already inspected his
files a number of times . However, he had either refused to take the information or had complained
that the information he had sought is not available in the files. It was also brought to the attention of
the Commission that the Appellant had filed nearly 5060 RTI applications seeking the same
information with regard to his service matters and had been provided with information each time.
5. After hearing the Respondents and having noted that all the RTI applications reflect the grievances of
the Appellant with regard to his service matters such as promotion, seniority, leave, transfer,
punishment, pay fixation, benefits under MACPS etc, the Commission, in the interest of the Appellant,
directs the PIO to allow inspection of all the files dealing with his service matters as sought in the
above 4 cases by the Appellant once again on a mutually convenient date and time and to provide
the Appellant with attested copies of documents required by him, free of cost. The PIO, may also
hold a personal hearing with the Appellant along with Sr.DPO and SPO(HQ) to clarify any
issue related to his service matter. The Appellant is hereby informed that once he has inspected
all his files related to his service matters and has attended the hearing held by the PIO, no further
appeal about the subject matter in the above mentioned RTI applications will be entertained by the
Commission in future.
6. The information to be provided by 30.6.10 including information after completion of inspection of files
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Nandkishor Gupta
S/o Late Shri G.D.Khandelwal
H.No.1/756
Malviya Nagar
Jaipur 302 017
2. The Public Information Officer
North Western Railway
Headquarter Office
Hasanpura Road
Jaipur
3. The Appellate Authority
North Western Railway
Headquarter Office
Hasanpura Road
Jaipur
4. Officer in charge, NIC