In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000985
Date of Hearing : July 8, 2011
Date of Decision : July 8, 2011
Parties:
Appellant
Ms. Veena Dhiman
W/o Shri Kartar Chand Dhiman,
V& PO Chahri Via Nagrota Bhawan,
Tehsil & Distt. Kangra,
Himachal Pradesh
The Appellant was not present.
Respondents
Northern Railway
Office of Divisional Railway Manager
Ferozpur Division
Ferozpur
Represented by: Shri Nathu Ram, Sr. DMM, Shri Harish Katoch, ADEN and Shri Ganga Prasad, SSE
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000985
ORDER
Background
1. The Applicant, through her RTIapplication dated nil, filed with the PIO, Northern Railway, Ferozpur,
wanted copies of his TA journals, Muster Sheet, duty passes, position of encroachment on Rly land
by outsiders, log book, post based reservation roster register etc.) The PIO, on 04.02.2010,
requested the Applicant to deposit the requisite fee for transmitting the information. The Applicant, on
27.02.2010, wrote back to the PIO requesting that the information be delivered at her home through
messenger as she is unable to go to Pathankot to collect the information. She also requested that the
amount to be paid by her may also be intimated to her. The PIO, accordingly, on 03.05.2010,
provided to the Applicant the breakup of amount to be paid by her which included the TA, 2 days
salary etc. of the messenger. Thereafter, on 04.08.2010, Assistant Divisional Engineer, wrote to the
Applicant that she may inspect the records, barring those which related to commercial confidence of
the 3rdparty, at the Pathankot office of the public authority. The Applicant, thereafter, filed her 1 st
appeal with the Appellate Authority on 19.10.2010 which the AA had apparently not decided. The
Appellant, filed the present appeal before the Commission on 21.03.2011 requesting for the
disclosure of information.
Decision
2. Contrary to what the Respondents have stated in their replies, I see nothing in the present request for
information which would attract the exemption under Section 8(1)(j) of the RTIAct. However,
considering the Respondents’ submission made during the hearing that the information in respect of
items g & h of the Appellant’s RTIapplication is not available with them, I hereby direct the
Respondents to provide to the Appellant the information relating to the remaining points viz., (a) to (f)
and (i) of the Appellant’s RTIapplication. Time within 1 week of receipt of this order.
3. It is also noted that the PIO has taken different positions at different levels while responding to the
present RTIapplication which is entirely not acceptable. It is, therefore, directed that the PIO should
show cause as to why penalty under Section 20(1) of the RTI should not be imposed on him for
apparently obstructing the transmission of information to the Appellant, by misleading her with
confusing replies. The Appellate Authority is also directed to explain why he failed to discharge his
obligation under Section 19(6) of the RTIAct. Replies to both the notices should reach the
Commission by 01.08.2011.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms. Veena Dhiman
W/o Shri Kartar Chand Dhiman,
V& PO Chahri Via Nagrota Bhawan,
Tehsil & Distt. Kangra,
Himachal Pradesh
2. The Appellate Authority
Northern Railway
Office of Divisional Railway Manager
Ferozpur Division
Ferozpur
3. The Public Information Officer
Northern Railway
Office of Divisional Railway Manager
Ferozpur Division
Ferozpur
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Appellant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1)
copy of RTIapplication, (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/Appellant may indicate, what information has not been provided.