In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000436
Date of Hearing : May 9, 2011
Date of Decision : May 9, 2011
Parties:
Applicant
Shri Virendra Nath Tiwari
Retd SPO/U
NER, Pitambra Niwas
Jungle Salikram Padari Bazar
Gorakhpur 273 006
The Applicant was present at NIC Studio, Gorakhpur.
Respondents
The Public Information Officer
North Eastern Railway
o/o General Manager
Gorakhpur 273 012
Represented by : Shri V.K.Gupta, PIO & Dy. GM
Shri P.K.Srivastava, Dy.CPO(IR)
Shri U.C.Mishra, APIO
NIC Studio, Gorakhpur
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000436
ORDER
Background
1. The Applicant filed an RTI Application dt.20.8.10 with the PIO, North Eastern Railway, Gorakhpur.
He stated that the High Court, Lucknow in a decision in the year 2002 had absolved him in a case
and in this connection, he had sent a representation dt.20.8.03 to NER, Gorakhpur stating that his
absence during the period 15.11.1975 to 17.7.09 be regularized and to pay him all the benefits and
allowances. In the instant case, he wanted to know the action taken on his representation. The PIO
replied on 27.9.10. relying upon the CIC Decision No.CIC/OK/C/2006/00069 dt.19.6.06. The
Applicant filed an appeal dt.25.10.10 with the Appellate Authority stating that information can be
denied only u/s 8(1) and reiterated his request for the information. On not receiving any reply from
the AA, he filed a second appeal dt.15.12.10 before CIC requesting for information on action taken on
his representation.
Decision
2. During the hearing, the Respondents submitted that a case was registered by the CBI against the
Appellant and he was suspended for the period 15.11.1975 to 17.7.09. He added that th CBI had
seized all the documents and had not returned them so far. He further added that the CBI has been
requested to return the documents and as such no action has been taken on his representation.
3. The Commission after hearing the submissions made directs the PIO to inform this fact formally in
writing to the Appellant once again by 9.6.11 and the Appellant to submit a compliance report by
15.6.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Virendra Nath Tiwari
Retd SPO/U
NER, Pitambra Niwas
Jungle Salikram Padari Bazar
Gorakhpur 273 006
2. The Public Information Officer
North Eastern Railway
o/o General Manager
Gorakhpur 273 012
3. The Appellate Authority
North Eastern Railway
o/o General Manager
Gorakhpur 273 012
4. Officer in charge, NIC