Central Information Commission
CIC/AD/C/2010/000039
Dated August 9, 2010
Name of the Applicant : Shri Uma Shankar Singh
Name of the Public Authority : M/o Railways
Background
1. The Applicant filed an RTI application dt.24.3.09 with the PIO, M/o Railways. He wanted to know the
action taken on his applications dt.11.12.08 and 4.3.09 sent to the Minister of Railways. On not
receiving any reply, the Applicant filed an appeal dt.23.5.09 with the Appellate Authority followed by
a complaint dt.5.9.09 before CIC on not receiving any reply from the Appellate Authority. The
Commission vide its order dt.14.6.10 directed the PIO to provide complete information by 30.7.10 and
also to appear before the Commission on 9.8.10 at 11.50 am along with all the relevant
files/documents and also with the response to the showcause notice issued to him vide the order
mentioned hereinabove.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for August 9,
2010.
3. Shri Rakesh Kumar, SO/RTI represented the Public Authority.
4. Efforts were made to contact the Applicant’s representative Shri Mukesh over the phone but the
lines remained engaged.
Decision
5. Shri Rakesh Kumar, Respondent CPIO , Min. of Rlys submitted that the RTI application was received
on 30.3.09 and that on the same day it was transferred to Northeast Frontier Railway and a reminder
was also sent on 27.5.09. He added that even the hearing notice too had been forwarded to the
PIO, NF Rly. Since it is clear that the Respondent PIO from the Ministry of Rlys is not the custodian
of the information and that he had transferred the RTI application as per provisions in the Act, the
Commission drops the penalty proceedings against him.
6. The Commission after hearing the submission of the Respondent from the Ministry, and also noting
the fact that the hearing notice would not have reached the PIO, NF Rly as it was sent only a few days before
the date of hearing , gives one more opportunity to the PIO, North East Frontier Railway to provide the
information sought by the Appellant by 9.9.10 and the Appellant to submit a compliance report by 16.9.10.
7. The PIO, North East Frontier Railway also to show cause as to why a penalty of Rs.250/ per day
(Maximum Rs.25000) should not be levied on him for not responding to the RTI application within the
stipulated time period as prescribed in the Act. He is directed to submit his response so as to reach the
Commission by 9.9.10.
8. The Complaint is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Uma Shankar Singh
Meherpur
Near Lici Division Office
P.O. Meherpur
Cachar District
Assam
2. The PIO
Ministry of Railways
Railway Board
Rail Bhawan
New Delhi
3. The Public Information Officer
Northeast Frontier Railway
Maligaon
Guwahati
4. Officer incharge, NIC