In the Central Information Commission
At
New Delhi
File No: CICADA2011000652
File No: CICADA2011000653
Date of hearing: 30.05.11
Date of decision: 30.05.11
Parties:
Applicant:
Shri Saidur Rahman,
R/o Running Shed Colony,
L.D14 A,
Terhi Pulia,
Alam Bagh,
Lucknow226005
Represented by: Shri Saidur Rahman was heard through Video Conferencing.
Respondent:
1. The Public Information Officer,
Northern Railway,
Divisional Railway Manager's Office,
Lucknow Division, Hazaratganj
Lucknow
2. The Appellate Authority,
Northern Railway,
Divisional Railway Manager's Office,
Lucknow Division, Hazaratganj
Lucknow
Represented by: Shri Prakash (PIO & Sr. DMM) and Shri Neeraj Gupta (deemed PIO & DME, O&F) were
heard through Video Conferencing.
_________________________________________________________________
Decision Notice
The CPIO was directed to allow the Appellant to inspect the documents and to provide him with attested
copies of the documents required by him.
In the Central Information Commission
At
New Delhi
File No: CICADA2011000652
File No: CICADA2011000653
ORDER
Background:
1. The Applicant had come to know from DME (O&F) that the enquiry report on SF5.NOPX/6A/Lko/Jan 08
dated 17.01.2008 had been submitted to the department and that the same had again been returned to the
enquiry officer for further enquiry. In this connection he sought information in two RTI applications
File No: CICADA2011000652
2. He filed an RTI application dated 29.10.2010 in respect seeking comments, papers and deficiencies found in
the first enquiry report. The PIO replied through his letter No. P/Info/RTI/Lo/1069/195 dated 18.11.2010
informing the Applicant that information cannot be provided as the enquiry is still being conducted by the
enquiry officer and hence is exempted u/s Sec.8(1)(h) of the RTI Act. Aggrieved by the reply, the Applicant
filed his First Appeal on 25.11.2010 seeking the information once again. On not receiving any response from
the First Appellate Authority, he filed his Second Appeal before the Central Information Commission on
19.01.2011.
File No: CICADA2011000653
3. The Applicant filed his RTI application on 01.10.2010 seeking copy of the Enquiry Report dated 14.09.2010
submitted by Shri M.P.Dass/SLI/NR/Lko on SF5.NOPX/6A/Lko/Jan 08 dated 17.01.2008. The PIO replied
through his letter No. P/Info/RTI/Lo/956/194 dated 28.10.2010 informing the Applicant that copy of the Enquiry
Report prepared by Shri M P Dass had not been received by his office. Not satisfied with the reply of the PIO,
the Applicant filed his First Appeal on 25.11.2010 stating that the Enquiry Report which was denied to him is
available in the office as is evident from letter No. P/Info/RTI/Lo/1069/195 dated 18.11.2010. The First
Appellate Authority replied on 22.12.2010 informing the Applicant that the information has already been
provided to him by the PIO through his letter dated 28.10.2010. Not satisfied with the response of the First
Appellate Authority, the Applicant filed his Second Appeal before the Central Information Commission on
19.01.2011.
Decision:
4. During the hearing the Respondents stated that information could not be furnished since the enquiry is still
ongoing and since the disclosure would impede the process of enquiry. They also stated that the enquiry is now over
and that the enquiry report has already been furnished to the Appellant who denied having received the same. The
Commission therefore directs that complete information be provided to the Appellant and also that he may be allowed
to inspect the relevant files and be provided with copies of documents required by him. Information to be provided by 1
July, 2011.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy.
(G. Subramanian)
Deputy Registrar
Cc:
1. Shri Saidur Rahman,
R/o Running Shed Colony,
L.D14 A,
Terhi Pulia,
Alam Bagh,
Lucknow226005
2. The Public Information Officer,
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 Incharge, NIC.