In the Central Information Commission
at
New Delhi
File No. CIC/AD/C/2011/000541
Date of Hearing : August 24, 2011
Date of Decision : August 24, 2011
Parties: (heard through videoconference)
Complainant
Shri S.K. Pandey
H.No. J 26/ 34 Dolphin Hills,
Nav Sainik Vihar, Gandhigrame Post,
Visakhapatnam 530 005
The Complainant was present.
Respondents
East Coast Railway
Office of Divisional Railway Manager
Waltair Division
Waltair 530 004
Represented by: Shri S. Luwang, Sr. D.C.M. and Shri B. Somulu, PIO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000541
ORDER
Background
1. The Applicant filed his RTIapplication (dated 08.11.2010) with the PIO, Indian Railways, Waltair
Division, Waltair, seeking certain travel related information with reference to his personal journey from
Visakahpatna to Buxar. The PIO, in response, furnished pointwise reply to the Applicant on
19.01.2011 which he had received from the commercial branch of the public authority. Thereafter,
the Applicant directly approached the Commission through his complaint petition dated 04.02.2011
demanding some new information on the basis of a reply he received from the PIO.
Decision
3. Heard submissions.
4. Since the Complainant has demanded new pieces of information in his present petition which have
not been examined at the level of the PIO and the AA, it is not possible for the Commission to
consider the same. The Commission is an appellate body established under a statute and its job is to
examine the correctness of the reply/decision given by the Respondents before it. It cannot take
decision on the issue which has not been examined by the lower authorities (i.e PIO and AA).
5. For the reason above, the present petition cannot be allowed. Rejected.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri S.K. Pandey
H.No. J 26/ 34 Dolphin Hills,
Nav Sainik Vihar, Gandhigrame Post,
Visakhapatnam 530 005
2. The Appellate Authority
East Coast Railway
Office of Divisional Railway Manager
Waltair Division
Waltair 530 004
3. Public Information Officer
East Coast Railway
Office of Divisional Railway Manager
Waltair Division
Waltair 530 004
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the Appellant
may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTI
application, (2) copy of PIO’s reply, (3) copy of the decision of the first Appellate Authority, (4) copy of the
Commission’s decision, and (5) any other documents which he/she considers to be necessary for deciding the
complaint. In the prayer, the Appellant may indicate, what information has not been provided.