In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000237
Date of Hearing : March 22, 2011
Date of Decision : March 22, 2011
Parties:
Appellant
Shri Prabhati Lal
H.No. P1/52 A, Budh Vihar I
Delhi 110 086
The Appellant was present.
Respondents
Western Railway
Office of the General Manager,
Churchgate
Mumbai 400 020
Represented by: Shri P.K. Gopikumar, Sr. Personnel Officer (Engg.), Shri S.N. Saleem, APIO, and
Shri Pradeep Kumar Arora, APIO--present at NIC VC facility at Mumbai
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/2011/000237
ORDER
Background
The Applicant filed his RTIapplication with the PIO, Western Railway, Mumbai on 16.04.2010
seeking information against 8 items in relation to the departmental exam conducted by the public
authority at its Ajmer office in 1981. The PIO, on 25.05.2010, furnished pointwise information to the
Applicant. The Applicant, however, being unhappy with the information, filed his 1stappeal before the
Appellate Authority on 26.07.2010. The AA, on 01.09.2010, forwarded further
information/remarks, received from the PIO, to the Applicant. The Applicant, thereafter, filed
the present appeal in the Commission on 26.11.2010 requesting that the PIO be directed to provide the
information to him.
Decision
2. During the hearing, the Respondents informed the Commission that the Appellant is having certain
grievance against the public authority which he describes as “my wrongful reversion from Chief Clerk
to Head Clerk” and that they do not have any records corresponding to the selection process from
which the Appellant’s above grievance emanates as this category of records are preserved only for 3
years as per the extant retention schedule of records. They, however, pointed out that the Appellant
could very well have represented his grievance at that point of time before the competent authority
within 3 months of the finalization of the selection process. Nonetheless, they informed that pursuant
to the Commission’s notice, they, on 18.03.2011, had sent another set of reply to the Appellant which
contained answers against each point mentioned in the present appeal of the Appellant. The
Appellant, however, denied receipt of this reply. It is, therefore, directed that the PIO should send this
reply once again to the Appellant by 20.03.2011. The Appellant, at the end of the hearing, mentioned
another request for information (i.e. seniority list) which, according to the Respondents, did not figure
in his original RTIapplication. Considering the age of the Appellant, it is decided not to bother him
once again for a single piece of information which the Respondents were anyway willing to part with
subject to its availability. It is accordingly directed that the Respondent shall provide this information
to the Appellant by 13.04.2011. In the event, this information is not present in their records, they
should communicate this fact to the Appellant while giving reasons for its nonavailability.
3. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Prabhati Lal
H.No. P1/52 A, Budh Vihar I
Delhi 110 086
2. The Appellate Authority
Western Railway
Office of the General Manager,
Churchgate
Mumbai 400 020
3. Public Information Officer,
Western Railway
Office of the General Manager,
Churchgate
Mumbai 400 020
4. Officer Incharge, NIC