In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000176
CIC/AD/A/2011/000177
Date of Hearing : February 17, 2011
Date of Decision : February 17, 2011
Parties:
Applicant
Shri Saidur Rahman
R/o Running Shed Colony
L.D14A, Tehri Pulia
Alambagh
Lucknow 226 005
The Applicant was heard through audio.
Respondents
Northern Railway
Divisional Railway Manager's Office
Lucknow Division
Lucknow
Represented by : Shri Prakash, PIO & Shri R.S.Kaushik, APO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000176
CIC/AD/A/2011/000177
ORDER
Background
CIC/AD/A/2011/000176
1. The Applicant filed an RTI application dt.20.5.10 with the PIO, DRM Office, Northern Railway,
Lucknow seeking information against 5 points with regard to the medical classification of those
employees in the Mechanical Branch. He also wanted to know the ule by which RTI fees that has
been deposited can be refunded if the information is not supplied / supplied late. Shri Vijay Kumar,
DPO replied on 22.6.10 furnishing point wise information. With regard to refund of RTI Fee, he stated
that there is no such rule. Not satisfied with the reply, the Applicant filed an appeal dt.23.7.10 with
the Appellate Authority commenting on the reply provided. Shri Vishnu Kumar, Appellate Authority
replied on 16.8.10 stating that whatever information was available with the Public Authority has been
provided including 54 pages of rule on 3.8.10. Being aggrieved with the reply, the Applicant filed
a second appeal dt.29.10.10 before CIC.
CIC/AD/A/2011/000177
2. The Applicant filed an RTI application dt.11.6.10 with the PIO, DRM Office, Northern Railway,
Lucknow seeking information against 6 points with regard to the alleged fake appointment letter
which was issued to one Shri Bal Kishen. Ms.Renu Sharma, Sr.DPO replied on 15.7.10 furnishing
point wise information. Not satisfied with the reply, the Applicant filed an appeal dt.23.7.10 with the
Appellate Authority commenting on the reply provided. Shri Vishnu Kumar, Appellate Authority
replied on 19.8.10 stating that the Applicant has already been informed on 8.7.10 and 12.7.10 that
prima facie Shri Tirath Nath is the person who has been found guilty and that a chargesheet has
been issued to Shri Tirath Nath which has also been shared with the the Applicant. Being aggrieved
with the reply, the Applicant filed a second appeal dt.29.10.10 before CIC.
Decision
CIC/AD/A/2011/000176
3. During the hearing, the Appellant who was heard through audio conferencing submitted that all he
wants is the information against points 1 and 2 of the RTI Application.
4. The Commission after hearing the submissions of both sides directs the PIO to provide the same to
the Appellant by 17.3.11 and the Appellant to submit a compliance report o the Commission by
24.3.11.
5. The appeal is disposed of with the above directions.
CIC/AD/A/2011/000177
6. During the hearing, the Appellant submitted that annexures to the charge sheet have not been
provided to him and that without these annexure the chargesheet made no sense since the charges framed
have not been described in it.
7. The Commission therefore directs the PIO to provide the annexures to the charge sheet after
invoking sec.10(1) of the RTI Act, if required to sever those portions that are exempt from disclosure
u/s 8(1) of the RTI Act. The PIO also to inform the Appellant that besides Shri Titath Nath, no other
person is involved in the fake appointment. The information should reach the Appellant by 17.3.11
and the Appellant to submit compliance report by 24.3.11.
8. The appeal is disposed with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Saidur Rahman
R/o Running Shed Colony
L.D14A, Tehri Pulia
Alambagh
Lucknow 226 005
2. The Public Information Officer
Northern Railway
Divisional Railway Manager’s Office
Lucknow Division
Lucknow
3. The Appellate Authority
Northern Railway
Divisional Railway Manager’s Office
Lucknow Division
Lucknow
4. Officer Incharge, NIC