Central Information Commission
CIC/MA/A/2009/000725 -AD
Dated 30th December, 2009
Name of the Applicant : MR. R.K. ROY
Name of the Public Authority : EASTERN RAILWAY, KOLKATA
Background
1. The Applicant filed his RTI request on 10.03.09 with the PIO & Deputy General
Manager (G), Eastern Railway, Kolkata wanting to know which of the authorities is his
appointing authority whether GM, Eastern Railway, CPO/Eastern Railway or Chief
Engineer (S&C), Eastern Railway. The PIO & Dy. GM/G, Eastern Railway, Kolkata
replied on 30.03.09 transferring the RTI Application to the CPO/A & PIO and
requesting him to provide necessary information. However, on not receiving any reply,
the Applicant filed his First Appeal on 08.05.09 reiterating his request for the
information. On 11.06.09 the PIO-cum-Dy. GM on 11.06.09 transferred the appeal to
the CPO/A & PIO, Eastern Railway, Kolkata requesting the PIO to submit his appeal
before AGM & Appellate Authority for final reply. On still not receiving any reply, the
Applicant filed his Second Appeal on 09.07.09 seeking an enquiry under Section 18(2)
of the RTI Act, 2005 as also disciplinary action against the PIO.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 30th December, 2009.
3. Mr. Rajesh Prasad, DGM & CPIO and Dr.K.C. Bal, CPO & CPIO represented the Public
Authority.
4. The Applicant was heard through audio conferencing.
Decision
5. The Respondent submitted that information was provided on 08.07.09 in response to
the Appellant’s First Appeal by the Appellate Authority. However, not satisfied with
this information, the Appellant had sent a representation on 29.07.09 to the
Appellate Authority stating that information is incorrect. The Appellate Authority
responded to this appeal on 05.08.09 enclosing the earlier reply dated 14.07.09 and
also informing the Appellant that the contentions of the Appellant as indicated in his
representation paras 1 & 3 are contradictory to each other and are ambiguous and
incorrect . The Respondent also submitted that on receipt of the notice from the
Commission for hearing, another detailed reply was furnished on 23.12.09 to the
Appellant by the PIO. The Appellant, however maintained that information received
is still incomplete and sought further clarification. He also stated that he has not
received the letter dated 23.12.09. In the light of the complaint of the Appellant, the
Commission directs the PIO to provide a photocopy of the information provided vide
letter dated 23.12.09 once again to the Appellant by 25th January, 2010.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. R.K. Roy
Jr. Engineer/P.Way
Janaki Niwas
Road No.2
Dwarika Puri
Hanuman Nagar
Patna – 800 020.
2. The PIO
Eastern Railway
General Manager’s Office
17, Netaji Subhash Road
Kolkata – 700 001.
3. The Appellate Authority
Eastern Railway
General Manager’s Office
17, Netaji Subhash Road
Kolkata – 700 001.
4. Officer in charge, NIC
5. Press E Group, CIC