Central Information Commission
CIC/AD/C/2009/001125
Dated 26th March, 2010
Name of the Complainant : MS. MAMTA MAHAJAN
Name of the Public Authority : NORTH CENTRAL RAILWAY, JHANSI
Background
1. The Applicant filed his RTI application on 22.01.09 seeking information related
to transfer of various individuals including Mr. Lal Bahadur, Asst. Loco Pilot;
Mr. Karnbir Singh, Asst. Loco Pilot; Mr. S.S. Prakash; and Mr. K.P. Yadav. He
also sought information regarding seniority of various employees against 15
points. The PIO replied on 06.02.09 enclosing letter dated 04.02.09 received
from Sr. DPO providing point wise information to the Applicant. Not satisfied
with the reply, the Applicant filed his First Appeal on 26.02.09 stating that the
information provided is incomplete and commenting on the information. The
Appellate Authority replied on 19.03.09 informing the Applicant that the PIO
has already provided the information on 04.02.09 in response to the
application dated 22.01.09 while stating that against points 6 to 14
information is not available. Being aggrieved with the reply, the Applicant
filed a Complaint before the Commission on 30.05.09 seeking the missing
information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 26th March, 2010.
3. Mr. Sandip Trivedi, Sr. DPO cum PIO, Mr.R.P. Pao, CLA and Mr.M.S. Meena C-
OS represented the Public Authority.
4. The Complainant was present during the hearing.
Decision
5. The Complainant submitted that the information against points 6 to 14 has
not been provided to him. On perusal of the RTI application and after hearing
the Respondent the Commission noted that the file dealing with mutual
transfer of Mr.S.S. Prakash and Mr. A.K. Mahajan could not be traced and
hence information could not be provided. The Respondent explained that Mr.
S. S. Prakash had expired on 23.11.2000 and since then no interest was
shown in the file dealing with the mutual transfer and hence the same could
not be found even after intensive search for it. The Complainant stated that
since the file contains information related to him and since he is still a
serving employee he is unable to understand how the file could be misplaced.
In this peculiar situation the Commission directs the PIO to lodge an FIR in
respect of the missing file and share the copies of FIR with both the
Commission and the Appellant and under the powers conferred on it under
section 18(2) of the RTI Act, 2005 to also enquire into this matter after
setting up an enquiry committee of at least 2 senior officials and to fix the
responsibility on the employee responsible for the lost file. Appropriate
disciplinary action may be taken against this employee. The enquiry report
and information on action taken may be intimated both to the Commission
and to the Appellant by 25th April, 2010. With regard points 10 to 14 the
Appellant stated that when he had inspected the available file, he did not
find all the documents required by him since the same had allegedly been
removed by the Respondent from the file. The Respondent however refuted
the allegation and stated that the file/s were made available to the Appellant
in the form in which they existed and that no documents were removed from
them. The Commission taking serious note of the allegations made by the
Complainant directs the PIO to provide an Affidavit to the Commission with a
copy to the Complainant stating that the file has not been tampered with and
that no documents have been removed from them. All information to be
provided by 25.04.2010.
6. The Complaint is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Ms. Mamta Mahajan
H.No.219
Inside Saiyar Gate
Futta Chopra
Jhansi.
2. The PIO
North Central Railway
Divisional Railway Manager’s Office
Jhansi Division
Jhansi.
3. The Appellate Authority
North Central Railway
Divisional Railway Manager’s Office
Jhansi Division
Jhansi.
4. Officer in charge, NIC
5. Press E Group, CIC