In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001783
Date of Hearing : January 24, 2011
Date of Decision : January 24, 2011
Parties:
Applicant
Shri Satish M. Ghiya
#504, Honeylisha Apartment
Behind Bhakti Vihar Complex
Chhapru Chowk
Lakadganj
Nagpur 440 008
The Applicant was represented by Shri Y. Saraf during the hearing.
Respondents
Ministry of Railways
O/o EDV(S) and PIOV
Railway Board
Rail Bhawan
New Delhi
Represented by : Shri Vikas Purwar, Dir/Vig., Shri Jagdish Pandey, SO/Vig., and Shri Rajesh Kumar,
II/Vig.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
The Commission directs the PIO to transfer the RTI application to PIO, Central Railway, Nagpur along with
this order of the Commission directing the PIO to provide the Appellant the information requested by him, by
24.2.11 and the Appellant to submit a compliance report to the Commission by 5.3.11. In the event of non
availability of records, the PIO, Central Railway, Nagpur to provide an affidavit to the Commission with a copy
to the Appellant affirming the non availability of information and also giving reasons for its nonavailability.
The Affidavit should reach the Commission/Appellant by 5.3.11.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001783
ORDER
Background
1. The Applicant filed an RTI application dt.19.6.10 seeking information on the action taken on his
complaint dt.27.11.96. Shri Raj Singh, CPIO5 replied on 21.7.10 enclosing the reply dt.20.7.10
furnished by Shri A.K.Singh, SO who stated that as per available record, no such complaint
dt.27.11.96 was received in Vigilance Directorate of Railway Board. The Applicant filed an appeal
dt.25.7.10 with the Appellate Authority stating that no information has been received by him till date.
Shri A.K.Mitra, Appellate Authority replied on 6.9.10 enclosing the reply furnished by the concerned
officer who gave the reply as follows:
“In the reply to RTI application of Shri Satish M. Ghiya, it was informed that the records
pertaining to his complaint dt.27.11.1996 were not readily available. After receipt of his
application all records were thoroughly searched and after a lot of efforts, ultimately it
was found that complaint of shri Satish M. Ghiya had been received in Railway Board’s
Office and dealt on File No.1997/V2/CR/G/4 during the period of 14.1.1997 to 1.9.1997.
In accordance with extant instructions regarding maintenance of records, the case file
had been destroyed”.
Being aggrieved with the reply, the Applicant filed a second appeal dt.1.10.10 before CIC.
Decision
2. During the hearing, the Respondents submitted that the case pertains to misuse of LTC and that an
investigation was conducted by the Vigilance officials of the Central Railway and since this involved
a Group A officer, the matter came to the Railway Board Vigilance Section who disposed of the case
with the remarks ‘Case Closed. No action taken’. He added that the file however, was destroyed by
the vigilance section on 5.7.05. When queried whether the copy of the complaint and investigation
report are available with the Central Railway, the Respondents were unable to give a proper reply.
3. The Commission after hearing the submissions of both sides directs the PIO to transfer the RTI
application to the PIO, Central Railway, Nagpur along with this order of the Commission directing the
PIO to provide the Appellant the information requested by him, by 24.2.11 and the Appellant to
submit a compliance report to the Commission by 5.3.11. In the event of nonavailability of records,
the PIO, Central Railway, Nagpur to provide an affidavit to the Commission with a copy to the
Appellant affirming the non availability of information and also giving reasons for its nonavailability.
The Affidavit should reach the Commission/Appellant by 5.3.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Satish M. Ghiya
#504, Honeylisha Apartment
Behind Bhakti Vihar Complex
Chhapru Chowk
Lakadganj
Nagpur 440 008
2. The Public Information Officer
Ministry of Railways
O/o EDV(S) and PIOV
Railway Board
Rail Bhawan
New Delhi
3. The Appellate Authority
Ministry of Railways
O/o Advisor (Vig.) and AAV
Railway Board
Rail Bhawan
New Delhi
4. Officer Incharge, NIC
