In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000122
CIC/AD/A/2011/000155
Date of Hearing : February 21, 2011
Date of Decision : February 21, 2011
Parties:
Applicant
Shri Rajesh Kumar Sud
H.No.55, 1st floor
Basistha pur Lane - 1
Near Wireless Bus Stand
Dispur
Guwahati 781 006
The Applicant was not present during the hearing.
Respondents
The Public Information Officer
RITES Limited
RITES Bhawan
No.1, Sector29
Gurgaon
Represented by : Shri A.K.M.Sharma, PIO & Group General Manager
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000122
CIC/AD/A/2011/000155
ORDER
Background
CIC/AD/A/2011/000122
1. The Applicant filed an RTI application dt.3.5.10 with the PIO, RITES seeking the name/s and
designation of Nodal Officer/s appointed by RITES Management to finalize the various pending
issue/s. Shri A.K.M.Sharma, PIO replied on 10.6.10 stating that nodal officer appointed by RITES
management to finalize various issues under RTI Act, 2005 is Shri A.K.M.Sharma PIO/GGM
(Marketing & Client Services). The Applicant filed an appeal dt.7.7.10 with the Appellate Authority
stating that as per RTI Act 2005, appointment of PIO in a Public Authority is mandatory u/s 5(1),
within one hundred days of the enactment of Act, as such the PIO can’t be said to be RITES
Management representative and requested that the name & Designation of the person (Nodal Officer)
appointed by RITES Management as per rules/regulations/RITES Manual/Policy/SoP be provided
along with a copy of he order. Shri Rahul Jha, Appellate Authority replied on 13.8.10 stating that
Shri A.K.M.Sharma is the nodal officer appointed by RITES Management to finalize various issues
under RTI. He further added that a complaint Cell with Smt. S.K.Sharma, AGM(Admn.) as its in
charge has recently been constituted vide order dt.25.5.10. Being aggrieved with the reply, the
Applicant filed a second appeal dt.18.10.10 before CIC.
CIC/AD/A/2011/000155
2. The Applicant filed an RTI application dt.3.5.10 with the PIO, RITES seeking the action taken report
on his two letters dt.16.2.09 and 30.10.08. Shri A.K.M.Sharma, PIO replied on 3.6.10 as follows:
‘Appropriate authorities in RITES had considered the matter and concluded that the news item on
page 7 of issueI of the RITES update Vol.1, 2008 on the subject project, is in order and the name(s)
of the deserving officers have rightly been included in the news item.
It may be noted that no Action Taken Report (ATR) had been prepared
Not satisfied with the reply, the Applicant filed an appeal dt.7.7.10 with the Appellate Authority
reiterating his request for the information. Shri Rahul Jha, Appellate Authority vide his order
dt.13.8.10 upheld the decision of the PIO. Being aggrieved with the reply, the Applicant filed a
second appeal dt.26.10.10 before CIC
Decision
CIC/AD/A/2011/000122
3. During the hearing, Shri Sharma, Respondent PIO submitted that besides him who has been
nominated as Nodal Officer to deal with issues related to RTI, the information about which has
already been intimated to the Appellant, there is no other officer who has been designated as Nodal
Officer by RITES to finalize various pending issues.
4. The Commission after hearing the submission by the Respondent directs the PIO to inform the same
to the Appellant formally in writing by 21.3.11 .
5. The appeal is disposed of with the above directions.
CIC/AD/A/2011/000155
6. It is clear from the PIO’s reply and from the order of the Appellate Authority that no action has been
taken on the two letters that have been sent to RITES by the Appellant. Since available information
has been furnished and since it is not clear what further information is required by the Appellant, the
appeal is disposed of with the above observations and the case closed at the Commission’s end .
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Rajesh Kumar Sud
H.No.55, 1st floor
Basistha pur Lane – 1
Near Wireless Bus Stand
Dispur
Guwahati 781 006
2. The Public Information Officer
RITES Limited
RITES Bhawan
No.1, Sector29
Gurgaon
3. The Appellate Authority
RITES Limited
RITES Bhawan
No.1, Sector29
Gurgaon
4. Officer Incharge, NIC