Central Information Commission Judgements

Mr.Shri Kant Singh vs Eastern Railway, Kolkatta on 15 May, 2009

Central Information Commission
Mr.Shri Kant Singh vs Eastern Railway, Kolkatta on 15 May, 2009
               Central Information Commission
                                                             CIC/OK/A/08/00609-AD

                                                                  Dated May 15, 2009

Name of the Applicant                        :   Mr.Shri Kant Singh

Name of the Public Authority                 :   Eastern Railway, Kolkatta

Background

1. The Applicant filed an RTI application dt.23.8.07 with the CPIO, ER, Kolkata.

He requested for information against various points w.r.t engagement of
Commission Bearers(CB) in the Departmental catering under the jurisdiction
spread throughout Eastern Railway (before bifurcation of erstwhile E.Rly also
Com. Bearers handed over to IRCTC). The CPIO replied on 17.9.07 denying
the information u/s 8(1)(j) and also u/s 8(3) since the information sought is
more than 20 years old. Not satisfied with the reply, the Applicant filed an
appeal dt.19.12.07 with the Appellate Authority., the Appellate Authority
replied on 17.1.08 upholding the decision of the CPIO. Aggrieved with not
receiving any reply, the Applicant filed a second appeal dt.7.3.08 before the
CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 15, 2009.

3. Mr. M.N.S. Roy, CCM/FM, ER represented the Public Authority.

4. The Applicant was present during the hearing.

Decision

4. During the discussions it was agreed that the information sought by the
Appellant is voluminous and would result disproportionate diversion of the
resources of the Public Authority and accordingly the Appellant agreed to be
more specific and seek information only for the periof 2000 to 2004. The
Commission directs the Respondent to allow the inspection of relevant files
for these four years by the Appellant and to provide him with photocopies of
documents he requires. The CPIO to bring all the files to Howrah Division as
desired by the Appellant, for inspection. All information is to be provided by
30th July, 2009. The Commission also directs the CPIO to show cause why a
penalty of Rs.250/- per day should not be imposed on him for not providing
the information within the mandatory period. The response to reach the
th
Commission by 10 June, 2009.

7. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Mr.Shri Kant Singh
C/o Manoj Kumar Pandey
12/5 Muralman Para Lane
Howrah 711 101
West Bengal

2. The CPIO
Eastern Railway
Divisional Railway Manager’s Office
3 Koliaghat Street
Kolkata 700 001

3. The Appellate Authority
Eastern Railway
Addl. General Manager
17 Netaji Subhash Road
Kolkata 700 001

4. Officer in charge, NIC

5. Press E Group, CIC