In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/001582
Date of Hearing : September 21, 2011
Date of Decision : September 21, 2011
Parties:
Appellant
Ms. Lakshmi Devi
W/o Shri Indel Singh
H.No. 1, St. No. 1,
Vakil Madam's House, Railway Koat Factory Road,
Bhopal
The Appellant was not present.
Respondents
West Central Railway
Office of Divisional Railway Manager
Bhopal Division
Bhopal
Represented by: Shri Satyendra Singh, Sr. DPO-- present at NIC VC facility at Bhopal.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001582
ORDER
Background
1. The Applicant filed her RTIapplication dated 08.11.2010 with the PIO, West Central Railway, Bhopal
Division, seeking two pieces of information (viz., details of nominee as per service book and salary
particulars) in respect of her husband, Shri Indel Singh. Since the Applicant did not receive the
desired information from the PIO, she filed her 1stappeal with the Appellate Authority (AA) on
15.04.2011. In response, the AA, on 12.05.2011, provided to the Appellant a reply dated 10.05.2011
of Nodal officer. Through this reply, the Nodal officer had declined the disclosure of information to the
Appellant in view of the objection raised by the third party, copy of which he had also supplied to the
Appellant. He cited exemption under Section 8(1)(j) read with section 11(1) of the RTIAct. The
Appellant, thereafter, filed the present petition dated 10.06.2011 before the Commission challenging
the Respondents’ denial.
Decision
2. During the hearing, the Respondents stated that as per practice they share the nomination details of
employee with the legal heir (such as, wife) only and that if, in the instant case, the Appellant proves
the fact (through legal document) that she is the legally wedded wife of the third party, they would
provide this information to the Appellant.
In view of the submission above, it is advised that the Appellant, within 2 weeks of receipt of this
order, may submit a proof of her being the legally wedded wife of the third party to the PIO, in which
case, the PIO, within 2 weeks of receipt of such proof from the Appellant, should furnish the
information (i.e nomination details) to the Appellant.
3. As regards disclosure of salary particulars of the third party, the PIO is directed to provide this
information to the Appellant after excising the deduction portion from it under the provisions of
Section 10 (1) of the RTIAct. This information is to be provided to the Appellant by 15.10.2011.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms. Lakshmi Devi
W/o Shri Indel Singh
H.No. 1, St. No. 1,
Vakil Madam’s House, Railway Koat Factory Road,
Bhopal
2. The Appellate Authority & ADRM
West Central Railway
Office of Divisional Railway Manager
Bhopal Division
Bhopal
3. Public Information Officer & Sr. DPO
West Central Railway
Office of Divisional Railway Manager
Bhopal Division
Bhopal
3. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the Appellant
may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTI
application, (2) copy of PIO’s reply, (3) copy of the decision of the first Appellate Authority, (4) copy of the
Commission’s decision, and (5) any other documents which he/she considers to be necessary for deciding the
complaint. In the prayer, the Appellant may indicate, what information has not been provided.