Central Information Commission
CIC/AD/A/2010/000774
Dated July 22, 2010
Name of the Applicant : Shri Ram Kumar
Name of the Public Authority : M/o Railways
Background
1. The Applicant filed an RTI application dt.23.11.09 with the PIO, M/o Railways seeking the following
information:
i) The date of regular appointment with scale of pay in respect of Shri Manoj Kumar as
Messenger in Railway Board.
ii) The address of residence given by Shri Manoj Kumar for drawal of HRA and address on
which CGHS card was prepared by the above said employee.
iii) Basic pay on the date of increment during the years 2003, 2004 and 2005.
iv) A copy of intimation given by Shri Manoj Kumar that he is residing in Govt. Qtr. No.C201,
Albert Square, Gole Market, New Delhi previously allotted in his father’s name and the date from
which HRA is not being drawn in his favour by the office.
v) The date of allotment of Govt. Qtr.No.C174, Albert Square, Gole Market, New Delhi in his
favour together with the detailed reasons for such allotment.
Shri Shivdan Singh, CPIOII replied on 9.12.09 enclosing the reply dt.9.12.09 from Shri Nawal
Kishore Sharma, Section Officer who stated that the Applicant has sought certain personal
information relating to Shri Manoj Kumar, Messenger in Railway Board the disclosure of which has
no relation to any public interest/activity. Such information is exempted from disclosure u/s 8(1)(j) of
RTI Act. Not satisfied with the reply, the Applicant filed an appeal dt.21.2.09 with the Appellate
Authority stating that grave irregularities in obtaining government accommodation have been
observed such as nonpayment of HRA strictly for three years prior to 3 years from the date of
retirement of his father i.e., April 2004, nonintimation of residential address of his father’s
government accommodation resulting in pecuniary loss to the government. On not receiving any
reply, the Applicant filed a second appeal dt.8.4.10 before CIC. He stated that he had appealed on .
21.12.09 by the Appellate Authority and that the appeal was received vide I.D.No.1633/AA
dt.24.12.09. Instead of furnishing reply by the Appellate Authority, the concerned person in the office
of CPIO had disclosed his identity to Shri Manoj Kumar, Messenger who along with two accompli,
one of them identifying himself as the father of Sh. Manoj Kumar bearing the name Shri Chand
Swaroop, had come to his residence in his absence during odd hours and had managed to get his
office address. He further added that the above said two person again came to his office in Shastri
Bhawan and threatened him either to withdraw the RTI application or to face dire consequences.
This fact was also brought to the notice of the Appellate Authority vide letter dt.24.2.10 which was
received vide I.D.No.AA/1837 dt.24.2.10.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for July 22,
2010.
3. Shri M.M.Rai, Under Secretary (Admn)IV and Shri P.K.Sinha, Asst. represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondents submitted that the Appellate Authority had replied on 27.1.10 providing complete
information as it was his considered opinion that the information sought was not personal as
contended by the CPIO as it pertains to a facility being extended to a public servant by a Public
Authority . It is however evident from the second appeal that the Appellant had not received this
reply furnished by the Appellate Authority. The Commission hence directs the PIO to provide
complete information as sought by the Appellant once again to him by 30 August, 2010 while also
enclosing a copy of the dispatch details of the AA’s reply dated 27.1.10 to the Appellant
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Ram Kumar
C/o Shri Sriram Prasad
H.No.B25, New Ashok Nagar
Delhi 110 096
2. The PIO
Ministry of Railways
CPIOII, Railway Board
Rail Bhawan
Raisina Road
New Delhi
3. The Appellate Authority
Ministry of Railways
O/o Advisor (Staff),
Railway Board
Rail Bhawan
Raisina Road
New Delhi
3. Officer incharge, NIC
4. Press E Group, CIC