Central Information Commission
CIC/AD/A/2010/000542
Dated May 24, 2010
Name of the Applicant : Shri Sajjan Kumar Verma
Name of the Public Authority : Bharat Wagon & Engg. Co. Ltd
Background
1. The Applicant filed his RTI application dt.14.9.09 with the PIO, Bharat Wagon & Engg.
Co. Ltd. He requested for information against 6 points including all applicable rules,
notifications, guidelines towards reservation to SC/ST/OBC/PH, ladies etc. Shri
P.Panjiyar replied on 12.10.09 denying the information against point 5 u/s 8(1)(e) and
8(1)(j) while stating that information sought against the remaining points are ambiguous
and not specific. Not satisfied with the reply, the Applicant filed an appeal dt.26.10.09
with the Appellate Authority reiterating his request for the information. Shri B.K.Thakur,
Appellate Authority replied on 11.12.09 stating that the appeal against the order of CPIO
is accepted in part except for point 5. He directed the CPIO to provide the certified
copies of relevant documents except against S.No.5 to the Applicant. Not satisfied with
the reply, the Applicant filed a second appeal dt.2.2.10 before CIC seeking the missing
information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for May 24, 2010.
3. Respondents were not present during the hearing.
4. The Applicant was present during the hearing.
Decision
5. The Commission received a rejoinder dt.13.5.10 from Shri P.Panjiyar, stating that after
the Appellate Authority had passed his orders on 11.12.09 in the case of both the
Appellant and of Shri Hari Kishor Prasad, directing the PIO to provide the information
with some exception. Both letters were received on the same date with consecutive
dispatch numbers marked by the Appellate Authority and were mistakenly filed without
placing the same before him. As a consequence, subsequent action could not be taken
in time and this fact was submitted during the course of the hearing held on 10.5.10.
After knowing the above facts, the information was furnished to the Appellant on 6.5.10
and as he was not aware of the fact that the Appellant had also filed an appeal before
CIC, the matter could not be discussed during the course of hearing on 10.5.10 itself.
Further, as directed during the course of hearing on 10.5.10, the individual marks
awarded by the interviewer after concealing their identity is being collected for furnishing
the same to both the Appellants at the earliest. He further added that the concerned
employee due to whose negligence the above lapses had occurred, has been strictly
warned to be very cautious and alert to avoid recurrence of such lapses in future.
6. The Appellant during the hearing submitted that information against points 1, 2 and 5
were not provided.
7. The Commission after hearing the submissions made directs the PIO to provide the
missing information to the Appellant. The information should reach the Appellant by
24.6.10 and the Appellant to submit a compliance report to the Commission by 1.7.10.
8. The PIO is directed to showcause as to why a penalty of Rs.250/ per day should not be
imposed upon him for not furnishing the reply within the mandatory period. The
information to reach the Commission by 25 June, 2010.
9. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Sajjan Kumar Verma
Accounts – Asstt.
EC No.11097
Bharat Wagon & Engg. Co. Ltd
Muzaffarpur Unit
Muzaffarpur 842 001
2. The PIO
Bharat Wagon & Engg. Co. Ltd
‘C’ Block, 5th Floor
Mauryalok Complex
Dak Bungalow Road
Patna
3. The Appellate Authority
Bharat Wagon & Engg. Co. Ltd
‘C’ Block, 5th Floor
Mauryalok Complex
Dak Bungalow Road
Patna
4. Officer incharge, NIC
5. Press E Group, CIC