In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000398
Date of Hearing : May 3, 2011
Date of Decision : May 3, 2011
Parties:
Applicant
Shri S. Mohan Kumar
H.No.366D, Sharawathi Marg
M.G.Railway Colony
Bangalore 560 023
The Applicant was heard through audio.
Respondents
The Public Information Officer
South Western Railway
Divisional Railway Manager's Office
Personnel Branch
Hubli 580 020
Represented by : Shri Amar Nath Dube, PIO
Shri D Rajkumar, APIO
NIC Studio, Dharwad
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000398
ORDER
Background
1. The Applicant filed an RTI application dt.20.9.10 with the PIO, South Western Railway, Hubli seeking
information against three points including the full and complete proceedings and the correspondence
and authority/approval of Railway Board or General Manager, Southern Railway after the vigilance
investigation for not having scored the minimum qualifying marks in the selection in connection with
the empanelment of APO 70% of 1995 in which Shri Abraham Jacob and Shri Asgar Ali Khan have
been issued with show cause notice for the deletion from the panel of APO and subsequently on any
letter or correspondence authority/approval Board under which both of them have been continued as
APO to be furnished as they have been further promoted to scale and cleared in the DPC for the
induction into Group A also. He also sought information related to the seniority assigned to one Shri
K. Prabhakar Rao. He also sought information regarding approval of the Railway Board in promoting
thirty AOs against twenty seven vacancies particularly in promoting Shri B. Subramanian and Shri T.
Mathivanan. The CPIO transferred the RTI application to Southern Railway, Chennai on 24.9.10.
The Applicant filed an appeal dt.19.10.10 with the Appellate Authority stating that no information has
been received till date. Shri S. Mohan, Appellate Authority replied on 8.11.10 stating that since the
RTI application has been forwarded to Southern Railway, Chennai the first appeal has also been
forwarded to Southern Railway, Chennai.
Decision
2. During the hearing, the Respondents submitted that the RTI application as well as the first appeal
had been were transferred to Southern Railway, Chennai as the information pertains to that Railway.
He also added that the hearing notice was also forwarded to Southern Railway, Chennai.
3. The Commission therefore directs the PIO, Southern Railway, Chennai to provide the information to
the Appellant by 3.6.11 and the Appellant to submit a compliance report to the Commission by 9.6.11.
The PIO, SW Railway, Hubli to forward a copy of this order to PIO, Southern Railway, Chennai.
4. The Commission also directs the PIO, Southern Railway, Chennai to show cause as to why a penalty
of Rs.250/ per day (Maximum Rs.25000) should not be levied on him for not responding to the RTI
application within the stipulated time period as prescribed in the RTI Act. He may submit his written
response to the Commission by 9.6.11.
5. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri S. Mohan Kumar
H.No.366D, Sharawathi Marg
M.G.Railway Colony
Bangalore 560 023
2. The Public Information Officer
The Public Information Officer
South Western Railway
Divisional Railway Manager’s Office
Personnel Branch
Hubli 580 020
3. The Appellate Authority
The Public Information Officer
South Western Railway
Divisional Railway Manager’s Office
Personnel Branch
Hubli 580 020
4. Officer in charge, NIC