Central Information Commission
CIC/AD/A/2010/000384
Dated May 13, 2010
Name of the Appellant : Mr. R. Selvaraj
Name of the Public Authority : Southern Railway, Trichi
Background
1. The Applicant filed his RTI Request on 25.08.2009, with the PIO, Southern Railway,
Trichi, requesting for a the Service Register of Mr. K. Natrajan, Rivetter Gr. II. The PIO
replied on 19.10.2009 stating that the application has been referred to DPO, S. Railway,
Tiruchirapalli dated 27.08.2009 and is being processed at their level. On receipt of
requisite information from them, the same will be disseminated to the Applicant. Not
satisfied with the reply, the Applicant filed his First Appeal on 22.10.2009 stating that no
information has been received by him. The First Appellate Authority replied on
27.11.2009 enclosing the reply provided by the DPO, S Railway who in his letter dated
27.11.2009 stated that the Service Register of Mr. K. Natrajan cannot be provided as it is
kept under a Fiduciary Capacity with the Divisional Office as per provision of RTI Act,
2005. Being aggrieved with this reply, the Applicant filed his Second Appeal before the
Commission on 07.02.2010 stating that the service Register of an employee of Southern
Railway is not held by the Authority in his Fiduciary Capacity, as he is not a Trustee so
far as the Register is concerned. By screening the Service Register from the public glare,
the PIO is shielding not only the employees but also his employer.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for May 13, 2010.
3. Mr. Tamil Hasan, APO cum APIO represented the Public Authority and was heard
through video conferencing.
4. The Appellant was present for the hearing at the NIC studio.
Decision
5. The Commission after hearing both sides, directs the PIO to provide a copy of Service
Register after severing U/s 10 (1) of the RTI Act, 2005, those parts which are exempt
from disclosure under Section 8(1) of the Act. This information may be provided to the
Appellant by 11.06.2010
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. R. Selvaraj,
No. 4/39, North Street,
Edamalaippatti,
Tiruchirapalli,
Tamil nadu 620012
2. The Public Information Officer,
South Railway,
Divisional Railway Manager’s Office,
Commercial Branch,
Tiruchchirapalli 620001
3. The Appellate Authority,
South Railway,
Divisional Railway Manager’s Office,
Commercial Branch,
Tiruchchirapalli 620001
4. Officer in charge, NIC
5. Press E Group, CIC