In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000910
CIC/AD/A/2011/000948
Date of Hearing : June 22, 2011
Date of Decision : June 22, 2011
Parties:
Applicant
Shri S.C.Shukla
H.No.C177, Kedar Nagar
Shahganj
Agra
The Applicant was present during the hearing
Respondents
North Central Railway
Headquarter Office
BBlock, GM Office, Subedarganj
Allahabad
Represented by : Shri Sanjay Singh, PIO & Dy.GM
Shri Mathur, AA & SDGM
Shri Bhuvanesh Singh, Exe. Engineer
Shri Kamlesh Jha, PIO (Con.)
NIC Studio, Allahabad
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000910
CIC/AD/A/2011/000948
ORDER
Background
CIC/AD/A/2011/000910
1. The Applicant filed an RTI Application dt.7.12.10 with the PIO, North Central Railway, Allahabad
seeking the statements given by Shri R.K.Sharma and Shri Manohar Kulkarni during cross
examination and preliminary enquiry. He also sought the rule by which he was compulsorily retired
from service. The PIO replied on 15.12.10 enclosing the reply given by the DY.CE(Con.) who stated
that information sought does not come under the definition of ‘information’ as given in Sec.2(f) of the
RTI Act. He also added that it is not possible to give the rule by which decision is taken in a D&AR
case and that the decision has been taken by the competent authority after taking into consideration
all the facts and circumstances of the case. Not satisfied with the reply, the Applicant filed an appeal
dt.22.12.10 with the Appellate Authority reiterating his request for the information. The Appellate
Authority replied on 21.1.11 upholding the decision of the PIO. Being aggrieved with the reply,
Applicant filed a second appeal dt.7.2.11 before CIC.
CIC/AD/A/2011/000948
2. The Applicant filed an RTI Application dt.19.11.10 with the PIO, North Central Railway, Allahabad
seeking information about the action taken on his letter dt.7.12.08. The PIO replied on 15.12.10
enclosing the point wise information furnished by the Dy.CE(Con.), Gwalior vide his note dt.13.12.10.
Not satisfied with the reply, the Applicant filed an appeal dt.24.12.10 with the Appellate Authority.
The Appellate Authority replied on 4.2.11. Being aggrieved with the reply, the Applicant filed his
second appeal dt.3.3.11 before CIC.
Decision
3. During the hearing, the Appellant submitted that all he wants is the rule by which he has been
compulsorily retired from service. The Respondents submitted that there is no such rule and that a
decision was taken in his case after taking into consideration all the facts and circumstances of the
case.
4. The Commission after hearing both sides holds that complete information, as available with the
Public Authority, has been provided. However, in the interest of the Appellant, the PIO is directed to
allow the Appellant to inspect all the three files relating to his case and to provide him with attested
copies of documents identified y him free of cost. This exercise to be completed by 22.7.11.
5. With regard to the case No.CIC/AD/A/2011/000948, the Commission holds that available information
has been provided to the Appellant and accordingly closes the case.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri S.C.Shukla
H.No.C177, Kedar Nagar
Shahganj
Agra
2. The Public Information Officer
North Central Railway
Headquarter Office
BBlock, GM Office, Subedarganj
Allahabad
3. The Appellate Authority
North Central Railway
Headquarter Office
BBlock, GM Office, Subedarganj
Allahabad
4. Officer in charge, NIC