In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000958
Date of Hearing : July 11, 2011
Date of Decision : July 11, 2011
Parties:
Applicant
Shri Nand Kishore Sharma
H.No.25/II, Lajras - Lane
ChristianGanj
Ajmer 305 001
The Applicant was present during the hearing
Respondents
The Public Information Officer
Western Railway
FA&CAO's office
7th Floor
Station Building
Churchgate
Mumbai 400 020
Represented by : Shri Sundeep Pal, PIO & Dy.CAO
NIC Studio, Mumbai
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000958
ORDER
Background
1. The Applicants filed an RTI application dt.6.12.10 with the PIO, Western Railway, Mumbai.
Shri Sundeep Pal, PIO & Dy.CAO(G) replied on 7.1.11. The information sought and the reply
provided are given below:
S.No. Information sought Reply provided
i) Copies of noting and draft done at the level of Copy enclosed
FA&CAO(T) and FA&CAO(PHOD) and
Dy.CAO(TA) on his representation
ii) Parawise remarks of CR reporting officer on his Representation dt.31.8.10 is being sent to CR
representation reporting officer for remarks
iii) Comments of Dy.CAO(TA)All on reply of CR Action will be taken after receipt of remarks from
reporting officer on his representation dt.31.8.10 CR reporting officer.
iv) Copy of final decision of FA&CAO on his
representation dt.31.8.10
The Applicant filed an appeal on 10.1.11 with the Appellate Authority stating that no information has
been received by him. (It seems that the PIO’s reply and first appeal have crossed each other).
On not receiving any reply, he filed a second appeal dt.7.3.11 before CIC.
Decision
2. During the hearing, the Respondents submitted that the Appellate Authority vide his order dt.4.3.11
had disposed off the first appeal by providing information in 12 pages. The Appellant however
submitted that the decision of FA&CAO has not been made available to him till date. The
Respondents while giving the reasons as to why the FA&CAO has not taken any decision on the
representation stated that the Appellant had represented against the adverse remarks received by
him in his ACR of the year 200506 in January 2007 which was turned down by the competent
authority. The Appellant had then submitted another representation against the rejection of his
earlier representation in 2010 which according to the Respondent was not acceptable since the same
according to rules ought to have been filed within six months of rejection of the first representation.
Hence the Appellant’s request was not processed. The Respondents added that this fact has
already been conveyed to the Appellant vide letter dt.10.3.11.
3. The Commission after hearing the submission of the Respondents and while noting that complete
information has been provided, however, in the interest of the Appellant directs the PIO to provide a
copy of the relevant document by which the decision not to process the representation submitted in
2010 has been taken. The information should reach the Appellant by 11.8.11.
4. The appeal is disposed of with the above direction.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Nand Kishore Sharma
H.No.25/II, Lajras – Lane
ChristianGanj
Ajmer 305 001
2. The Public Information Officer
Western Railway
FA&CAO’s office
7th Floor
Station Building
Churchgate
Mumbai 400 020
3. The Appellate Authority
Western Railway
O/o the General Manager
Churchgate
Mumbai 400 020
4. Officer in charge, NIC