In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000254
Date of Hearing : May 5, 2011
Date of Decision : May 5, 2011
Parties:
Applicant
Shri Ram Narayan
Village - Kathaudi
PO - Launda
Chandauli
Uttar Pradesh
The Applicant was present at NIC Studio, Varanasi.
Respondents
The Public Information Officer
East Central Railway
Divisional Railway Manager's Office
Mughalsarai Division
Mughalsarai
Represented by : Shri M. Prasad, PIO
Shri L.K.Rai, Ch. OS
NIC Studio, Varanasi
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
DECISION NOTE
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000254
ORDER
Background
1. The Applicant filed an RTI application dt.21.4.10 with the PIO, East Central Railway, Mughalsarai
seeking information against three points with regard to employees who had retired from service
during the period 1.1.06 to 31.8.08 after completing 10/20 years of service but less than 33 years of
service. The PIO replied on 2.7.10 furnishing the information. The Applicant filed an appeal
dt.15.7.10 with the Appellate Authority complaining that information has been supplied after the
mandatory time period. Shri Naveen Kumar Sinha, Appellate Authority replied on 29.7.10 explaining
that the PIO vide his letter dt.18.5.10 had asked him(Appellant) to deposit Rs.96/ towards supply of
48 pages of information and that the amount was received only on 7.6.10 after which the reply to the
RTI application was provided, well within the time limit. The AA contended that there is no provision
for refund of fees deposited under RTI Act. Being aggrieved with the reply, the Applicant filed a
second appeal dt.25.10.10. before CIC.
Decision
2. The Commission on review of the documents placed on record and after hearing both sides sets
aside the order of the Appellate Authority and directs the PIO to refund the amount deposited by the
Appellant since the information was supplied on 2.7.10 after completion of the mandatory time period
given in the RTI Act after excluding the date of dispatch of intimation of fees(18.5.10) and receipt of
money(7.6.10) as per Section 7(3)(a) of the RTI Act. The amount may be returned to the Appellant
by 5.6.11 and the Appellant to submit a compliance report to the Commission by 12.6.11.
3. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Ram Narayan
Village – Kathaudi
PO – Launda
Chandauli
Uttar Pradesh
2. The Public Information Officer
East Central Railway
Divisional Railway Manager’s Office
Mughalsarai Division
Mughalsarai
3. The Appellate Authority
East Central Railway
Divisional Railway Manager’s Office
Mughalsarai Division
Mughalsarai
4. Officer in charge, NIC