In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000935
CIC/AD/A/2011/000936
Date of Hearing : June 30, 2011
Date of Decision : June 30, 2011
Parties:
Applicant
Shri S.C.Maria Leo
C.A
Dy.CSTE/CN Office
South Western Railway
18 Millers Road Cross
Bangalore 560 046
The Applicant was not present during the hearing
Respondents
South Western Railway
O/o the Dy. Chief Engineer/General
18 Millers Road
Bangalore 560 046
Represented by : None
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000935
CIC/AD/A/2011/000936
ORDER
Background
CIC/AD/A/2011/000935
1. The Applicant filed an RTI Application dt.29.11.10 with the PIO, South Western Railway, Bangalore
seeking information against nine points regarding his APAR, HBA, SF 5, Deputation etc. The PIO
replied on 10.1.11 stating that information against points 1 and 2 are being collected and will be
furnished shortly. He provided pointwise information against the remaining points. Not satisfied with
the reply, the Applicant filed an appeal dt.17.1.11 with the Appellate Authority. The PIO replied on
24.1.11 furnishing information against point 1. In response to the reply dt.24.1.11, the Applicant filed
an appeal dt.27.1.11 with the Appellate Authority commenting on the information provided and
reiterating his request for information against point 2. The PIO vide his letter dt.2.1.11 provided
information against point 2. Not satisfied with the reply dt.2.2.11, the Applicant again filed an appeal
dt.2.2.11 with the Appellate Authority commenting on the information provided. On not receiving any
response from the Appellate Authority, he filed his second appeal dt.1.3.11 before CIC.
CIC/AD/A/2011/000936
2. The Applicant filed an RTI Application dt.13.8.10 with the PIO, South Western Railway, Bangalore
seeking information against eight points with respect to the action taken on his representation
dt.30.11.10 regarding stepping up of pay, action taken by the authority on his appeal dt.11.1.10 etc.
He also sought permission for inspection of files relating to training of Group ‘D’ when they get
promoted to Group ‘C’. The PIO replied on 16.9.10 stating that the RTI application has been
forwarded to Dy.CPO for necessary action towards providing the information and that the same is
under process. On not receiving any further response the Applicant filed an appeal dt.14.10.10 with
the Appellate Authority reiterating his request for the information. The PIO replied on 18.10.10
enclosing the point wise information dt.15.10.10 furnished by the Dy.CPO. Not satisfied with the
reply, the Applicant filed an appeal dt.26.10.10 with the Appellate Authority commenting on the
information provided. Shri S.Mohan, Appellate Authority vide his letter dt.9.11.10 transferred the
appeal to the Chief Engineer/Construction/North/BNC for necessary action. The Applicant filed a
second appeal dt.27.2.11 stating that documents were denied for inspection by the authority
concerned despite his visit to the office as suggested by the PIO in his letter dt.12.11.10.
Decision
3. The Commission, on perusal of the submissions on record in both cases observed that the Appellate
Authority has not disposed of the first appeals and therefore decided to remand the case to the
Appellate Authorities, who in any case, are the Authorities who are closest to the subject matter in
both cases , with a direction to dispose off the case with a speaking order (definitely by 6 th August,
2011) after giving the Appellant an opportunity to be heard by him.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri S.C.Maria Leo
C.A
Dy.CSTE/CN Office
South Western Railway
18 Millers Road Cross
Bangalore 560 046
2. The Public Information Officer
South Western Railway
O/o the Dy. Chief Engineer/General
18 Millers Road
Bangalore 560 046
3. The Appellate Authority
South Western Railway
O/o the Chief Engineer/CN
18 Millers Road
Bangalore 560 046
4. Officer in charge, NIC