Central Information Commission
CIC/AD/A/2010/000278
Dated May 4, 2010
Name of the Applicant : Shri R.P.Diwakar
Name of the Public Authority : East central Railway, Hajipur
Background
1. The Applicant filed his RTI application dt.16.11.09 with the PIO, East Central Railway,
Hajipur requesting for photocopies of CRs for the year ending March 2005, 2006, 2007
and 2008. Shri D.K.Bharati, PIO replied on 2.12.09 enclosing the information dt.30.11.09
furnished by Asst. Secretary (confidential). Not satisfied with the reply, the Applicant filed
an appeal dt.8.12.09 with the Appellate Authority reiterating his request for the
information. Shri Varun Bharthuar, Appellate Authority replied on 23.12.09 stating that as
per DoPT’s OM dt.14.5.09 as well as in Board’s letter of 18.8.09, it has been clearly
mentioned that the new system of communicating entries in ACR shall be applicable from
the reporting period 200809 onwards. Since the subject of appeal is ACR pertaining to
the year ending March 2005, 2006, 2007 and 2008, the appeal is not maintainable. Being
aggrieved with the reply, the Applicant filed a second appeal dt.4.1.10 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for May 4, 2010 through video conferencing.
3. Shri R.Kapoor, APIO and Shri D.K.Singh, Asst. Secretary (Confidential) representing the
Public Authority were present at NIC Studio, Vaishali.
4. The applicant was present at NIC Studio, Vaishali.
Decision
5. The Commission, in view of the decision of the Full Bench of CIC passed vide order
dated 19.02.2009 in Appeal No. CIC/WB/A/2007/00422 and the Supreme Court decision
in case of Dev Dutt vs. Union of India & Ors. [(2008)8 SCC 725] directs the CPIO to
provide photocopies of ACRs sought by the Appellant in his RTI application free of cost
by 5.6.20 and the Appellant to submit his compliance report to the Commission by
11.6.10.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri R.P.Diwakar
Chief Engineer/works
East Central Railway
Hajipur
2. The PIO
East Central Railway
General Manager’s Office
Hajipur 844 101
3. The Appellate Authority
East Central Railway
General Manager’s Office
Hajipur 844 101
4. Officer incharge, NIC
5. Press E Group, CIC