Central Information Commission
CIC/AD/A/2009/001752
Dated 31st March, 2010
Name of the Applicant : MR. R VENKATARAMAN
Name of the Public Authority : MINISTRY OF RAILWAYS,NEW DELHI
Background
1. The Applicant filed his RTI request on 24.09.08 with the Executive Director
(PG) cum CPIO, Railway Board, New Delhi stating that the Railway Ministry
vide letter dated 21.04.08 had advised that the practice of issuing
‘displeasure note’ to a charged official has been done away with consequent
on a decision rendered by the Principal bench of the CAT, New Delhi and
added that in the letter the Writ Petition filed by Railway Ministry against
decision of CAT has been withdrawn and consequently the decision of CAT has
attained finality. In this connection the Applicant requesting for information
against 7 points. The PIO replied on 31.10.08 enclosing point wise
information received from the Directorate while denying information against
points 1 a) under Section 8(1)(j) of the RTI Act, 2005 as information is
personal and belongs to a third party and against point 3) under Section
8(1)(e) as information is being held in a fiduciary relationship with the Public
Authority. Being aggrieved with the reply, the Applicant filed his First Appeal
on 17.11.08 while commenting that the copy of order by PB, CAT and the OA
cannot be third party information and is not exempt from disclosure under
Section 8(1)(j) of the RTI Act, 2005 as this case has attained finality. He also
argued that the copy of the Writ Petition is also not exempt as the same is a
public document. The Appellate Authority replied on 14.05.09 providing copy
of the order dated 01.04.02 and 27.04.07 besides providing further
clarification against each point. Still not satisfied with the reply, the Applicant
filed his Second Appeal before the Commission seeking information against
points a, c, e, f and g of the RTI application.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 31st March, 2010.
3. Mr. R D Choudhury, Exe. Dir. cum PIO, Mr.Koshy Thomas, JDPCII, Mr.K
Krishnan, Dir(MPP) and Mr. Harish Chander, DDE represented the Public
Authority.
4. The Appellant was heard over telephone during the hearing.
Decision
5. After hearing both sides, the Commission directs the PIO to provide
information to the Appellant against points (a) , and g) while using Section
10(1) of the RTI Act, if required, to sever parts of the information which are
exempt from disclosure under the Act. The information against point (e) may
be provided under Section 8(2) of the RTI Act as the public interest in this
case far outweighs the harm to any protected interest. Information may be
provided by 10 May, 2010.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. R Venkataraman
C/o Dr. A S Bhaskaran
No.4, Bharathidasan Street
Muthamizh Nagar
Parmmal
Chennai – 600 075.
2. The PIO
Ministry of Railways
O/o the Executive Director (EN) & CPIO-I
Railway Board
Rail Bhawan
New Delhi.
3. The Appellate Authority
Ministry of Railways
O/o the Advisor (IR)
Railway Board
Rail Bhawan
New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC