Central Information Commission
CIC/AD/A/2010/000784
Dated August 11, 2010
Name of the Applicant : Mr. Ramesh Mishra Chanchal
Name of the Public Authority : Western Railway
Background
1. The Applicant filed an RTI application dated 28.01.2010 with the PIO, Western Railway seeking
point wise information against eight points about the recruitment of one Sh. P A Banerjee, as Sr.
DCM. The questionnaire varied from queries about the date of appointment to the said post of Sr.
DCM; number of times leaves were sanctioned by the competent authorities to the said Mr. P A
Banerjee for leaving the Baroda Headquarter for visiting which places; salary structure, office
expenses, travel expenses, telephone expenses; number of times Railway reservations were
availed to travel between Ratlam and Baroda etc.
2. The CPIO responded vide the letter dated 26.02.2010 stating that the RTI application was
forwarded to the Commercial, Signal & Telecommunication and Personnel Departments of the
Division. The Department and item wise replies dated 11.02.2010 and 08.02.2010 received from
the Sr. DCM (P), Sr. DSTE and Sr. DPO were also furnished alongwith the said reply. The
Appellate Authority by the order dated 25.03.2010 confirmed the CPIO’s order dated 26.02.2010
while deciding the First Appeal dated 05.03.2010. It was further held by the Appellate Authority in
the said order dated 25.03.2010 that the information relating to Mr. P A Banerjee was personal in
nature and therefore, disclosure thereof would cause invasion of his privacy and hence such
information need not be disclosed. The Appellate Authority thus denied the access to the
information on the ground that no public purpose would be served in disclosure of such personal
information relating to Mr. P A Banerjee.
3. The Third Party in this case being Mr. P A Banerjee, approached the Commission on 25.03.2010
stating that personal information as sought by Mr. R M Chanchal should be denied to him elaborating
further that he apprehends threat to his life and property in case such information is shared with Mr. R M
Chanchal who allegedly has criminal cases pending against him at the Ratlam Court. Furthermore, the
Applicant before this Commission viz. Mr. P A Banerjee has also submitted that even if it is decided to
part with the information to Mr. R M Chanchal, the antecedents of the information seeker be verified from
the Lower Court, Ratlam in order to avoid threat to his life and property.
4. The Commission registered the case and notices were issued to the parties concerned on
13.07.2010 for a hearing through Video Conferencing on 29.07.2010.
5. Mr. P A Banerjee was present for the hearing.
6. Mr. R S Saxena, Appellate Authority was present on behalf of the Public Authority.
Decision
6. Upon perusal of the records of the case, it is evident that the Applicant before the Commission is
the Third party who seeks the relief that the information pertaining to his personal details should
not be divulged to the information seeker Mr. R M Chanchal owing to his antecedents and
involvement in criminal case which creates the apprehension in the mind of the Third Party that
disclosure of such information about his personal details could cause threat to his life and
property. However, as is the legal and factual position in this case, there is no case to adjudicate
before the Commission to deliberate on whether information can be disclosed or not. The
functions and powers of the Commission are in relation of providing of information since the Act is
specific in the relief that can be provided by the Commission. The relief sought by the Applicant in
the instant case does not fall within the purview of RTI Act 2005. Moreover since the information
seeker has not even approached the Commission despite notice issued by the Commission,
therefore the instant case is prematured and dismissed as infructuous.
7. Accordingly, the case is disposed on the above terms.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Mr. P A Banerjee
Sr. Divisional Commercial Manager [P]
Western Railway
Divisional Office
Pratapnagar
Vadodara – 390 004
2. PIO
Western Railway
Divisional Railway Manager’s Office
Vadodara Division
Vadodara – 390 004
3. Appellate Authority
Western Railway
Divisional Railway Manager’s Office
Vadodara Division
Vadodara – 390 004
4. Officer incharge, NIC