In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/000986
Date of Hearing : February 1, 2011
Date of Decision : February 1, 2011
Parties:
Applicant
Lt. Col. Vijay K. Singh
Dy. CME/Plt (on Trg)
Block No.242/3D
Basant Lane
Northern Railway Officer's Enclave
Panchkuian Road
New Delhi
The Applicant was present during the hearing.
Respondents
The Public Information Officer
Ministry of Railway
Railway Board
Rail Bhawan
New Delhi
Represented by : Col.A.K.Vyas, Director, M/o Defence and Major R.L.Panhotra GSOI (Legal)
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
The case is remanded to the Appellate Authority
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/000986
ORDER
Background
1. The Applicant filed an RTI application dt.12.5.10 with the PIO, Ministry of Railways seeking the
following information:
i) How many officers have been promoted to the rank of subs Lt Col in Rly TA Regt since
Jan.2006, their places of postings in TA as well as Rly Postings. Names and Rly seniority as well as
TA seniority as per formula in vogue.
ii) The file notings of officers and correspondences (attested photocopies) concerning
promotion, transfers and postings be provided (since Jan 2006) of Rly TA officers above Major rank
iii) ATC call up notices sent to Rly TA Officers (Name wise Maj & above rank) positions to be
provided since Jan.2006.
On not receiving any reply, he filed a complaint dt.29.6.10 before CIC. The Commission vide its
order dt.31.8.10 directed the PIO, Railway Board to furnish the desired information by 30.10.10 and
directed the PIO to submit a copy of the information provided as also explanation for not supplying
the information within the mandatory time period. The Commission received another letter
dt.31.10.10 from the Applicant that information has not been received by him from the Railway
Board. The Commission accordingly scheduled the hearing on Feb.1, 2011 and hearing notices were
issued to both the Applicant and the Respondents.
Decision
2. During the hearing, the Respondent from Ministry of Defense submitted that the RTI application was
received on 22.6.10 and that complete information was provided on 5.7.10. He added that the
Appellant, however, had not approached the Appellate Authority with a first appeal and pleaded that
the case be remanded to the Appellate Authority.
3. The Commission, after hearing the submissions of both sides decided to remand the case to the
Appellate Authority, who in any case, is the authority who is closest to the information sought , with
a direction to dispose off the case with a speaking order (definitely by 6th March, 2011) after giving
the Complainant an opportunity to be heard by him.
4. The Appellant is at liberty to approach the Commission with an appeal under Section 19(3) of the RTI
Act in the event he is not satisfied with the order of the Appellate Authority.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Lt. Col. Vijay K. Singh
Dy. CME/Plt (on Trg)
Block No.242/3D
Basant Lane
Northern Railway Officer’s Enclave
Panchkuian Road
New Delhi
2. The Public Information Officer
Ministry of Railway
Railway Board
Rail Bhawan
New Delhi
3. Provost Marshall & Appellate Authority (along with a copy of the complaint)
Integrated HQ of MoD (Army)
421A, BWing, Sena Bhawan
New Delhi 110 011
4. Officer Incharge, NIC