In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/001294
Date of Hearing : May 18, 2011
Date of Decision : May 18, 2011
Parties:
Applicant
Shri Nitin Lalchand Gupta
H.No.B/103, Gokuknagari No.1
90 Feet Road
W.E. Highway
KandivaliEast
Mumbai 400 101
The Applicant was heard through audio.
Respondents
The Public Information Officer
Ministry of Railways
Railway Board
Rail Bhawan
New Delhi
Represented by : Shri Jagdish Pandey, S.O(Vig.)
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/001294
ORDER
Background
1. The Applicant filed an RTI Application dt.14.12.09 with the PIO, Railway Board. He stated that in
response to his RTI application dt.11.4.09 filed with CVC regarding his complaint dt.3.12.05, CVC
vide their letter dt.13.5.09, had replied that report of direct enquiry conducted by CVC was forwarded
to the Railway Board. In this context, he sought the following information:
a) Copy of the said report
b) Status of his complaint dt.3.12.05 to the CVC which was forwarded to Railway Board for
further action.
c) To inform whether the delinquent employee was dealt under D.A.R and quantum of
punishment given, if any.
On not receiving any reply, he filed an appeal dt.29.7.10 with the Appellate Authority reiterating his
request for information and still not receiving any reply, filed a complaint dt.9.9.10 before CIC.
Decision
2. The Commission received a rejoinder dt.16.5.11 from Shri Raj Singh, PIO5 who stated that RTI
application of 14.12.09 was received on 2.2.10 and replied to on 22.2.10 and that the first appeal
dt.29.7.10 was replied to on 20.9.10 denying the information u/s 8(1)(h) of the RTI Act since the
investigation into the subject matter of the complaint is still going on .
3. During the hearing, the Respondent submitted that based on the Complainant’s complaint dt.3.12.05
to CVC, they had conducted a preliminary enquiry and had forwarded the report to the Railway
Board for further investigation. He stated that Railway Board had conducted the investigation and the
matter would be further referred to CVC within the next two to three weeks and that based on the
advice given by them, further action would be taken by the Ministry. He also added that the
investigation into the matter may result in a change in the catering policy and hence the whole
exercise would take at least two to three months more.
4. The Commission after hearing the submission by the Respondents is of the opinion that the
investigation has to take its own course and that the relief being sought by the Appellant cannot
therefore be granted. However, in the interest of the Appellant, the Commission strongly
recommends that the investigation process be expedited and information provided to the Appellant,
preferably within the next three months.
5. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Nitin Lalchand Gupta
H.No.B/103, Gokuknagari No.1
90 Feet Road
W.E. Highway
KandivaliEast
Mumbai 400 101
2. The Public Information Officer
Ministry of Railways
Railway Board
Rail Bhawan
New Delhi
3. Officer in charge, NIC