Mr.Saidur Rahman vs Northern Railway, Lucknow on 5 June, 2009

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Central Information Commission
Mr.Saidur Rahman vs Northern Railway, Lucknow on 5 June, 2009
             Central Information Commission
                                                          CIC/OK/A/08/01165-AD

                                                                Dated June 5, 2009

Name of the Appellant                   :   Mr.Saidur Rahman

Name of the Public Authority            :   Northern Railway, Lucknow

Background

1. The Appellant filed his RTI application dt.11.4.08 with the CPIO, NR, Lucknow.

He requested for information against 9 points related to hiring of vehicles
during the Kumbh mela in 2006. The CPIO replied on 13.5.08 furnishing
point wise information and advised the Appellant to also inspect the files
against points (iv) to (ix). Not satisfied with the reply, the Applicant filed an
appeal dt.26.6.08 with the Appellate Authority. On not receiving any reply,
he filed a second appeal dt.8.8.08 before the CIC reiterating his request for
the information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for June 5, 2009.

3. Mr. Govind Prasad, Sr. DMM cum PIO, Mr. Neeraj Gupta, Sr. DME and Mr.
B.C. Nagar, DPO represented the Public Authority.

4. The Appellant was not present during the hearing.

Decision

5. The Respondent submitted that the Appellant inspected the files only on
7.6.08 even though he was requested well within the mandatory period , to
come for inspection. However, after inspection the Appellant complained
that all records were not shown to him on that date, which, according to the
Respondent, is not true. Again on 2.7.08 the Appellant was allowed to
inspect the files in the office of AME, Lucknow and after inspection of files for
the second time, the Appellant asked for copies of 289 pages. On the same
day, the Appellant was asked to deposit Rs.334/- towards the photocopying
charges. The Appellant then, instead of depositing the amount, filed a
second appeal before the CIC. The Commission also received a faxed letter
from the Appellant dated 5.6.09 stating that since he received the information
after 30 days he should be provided the information free of cost. However,
after reviewing the sequence of events including the dates, the Commission is
of the opinion that the delay was due to the Appellant himself since, instead
of depositing the money for getting the copies of the records after inspection
of files the first time, he chose to file a complaint stating that all files have
not been shown to him. The Respondent maintained that all files were made
available to the Appellant in the very first instance. In these circumstances,
the Commission advises the Appellant to deposit the requisite amount of fee
and obtain the information from the CPIO before 10th July, 2009.

6. The appeal is disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Mr.Saidur Rahman
R/o Running Shed Colony
L.D-14A, Terhi Pulia
Alam Bagh
Lucknow

2. The CPIO
Northern Railway
Divisional Railway Manager’s Office
Lucknow Division, Hazaratganj
Lucknow

3. The Appellate Authority
Northern Railway
Divisional Railway Manager’s Office
Lucknow Division, Hazaratganj
Lucknow

4. Officer in charge, NIC

5. Press E Group, CIC

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