Central Information Commission Judgements

Sh. S.D. Mishra vs Ministry Of Railways on 1 September, 2009

Central Information Commission
Sh. S.D. Mishra vs Ministry Of Railways on 1 September, 2009
               Central Information Commission
                       2nd Floor, August Kranti Bhawan,
                   Bhikaji Cama Place, New Delhi - 110 066
                           Website: www.cic.gov.in


                                                 Decision No. 4409/IC(A)/2009

                                                   F. No.CIC/OK/A/2008/00838

                                              Dated, the 01st September, 2009

Name of the Appellant:             Sh. S.D. Mishra

Name of the Public Authority:      Ministry of Railways



Fact:


1.      The appellant has grievances regarding imposition of penalty under the
disciplinary rules. Through his RTI application, he has asked for the following
information:


        "Certified copies of the noting submitting my Review Petition dated
        05/09/1986 to the President for obtaining President's orders as
        conveyed vide Director Establishment (D&A) Railway Board's
        Letters No. E(D&A) 2006 AE 105 dated 28/09/2007".


2.      The CPIO and Appellate Authority have refused to furnish the
information u/s 8(1)(g) & (j) of the Act. Being not satisfied with the response,
the appellant has pleaded for providing the requested information.


Decision:

3.      A major objective of the RTI is to contain corruption. In the instant
case, the charges levelled against the appellant have been proved and the
due process of law has been followed to penalise the appellant. All these
actions are largely in the public interest, including the record of notings of the
 concerned officials who processed the case for obtaining the President's
order. In view of this, the decision of the CPIO and Appellate Authority of the
respondent is upheld and this appeal is dismissed.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner
Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name & address of Parties:

1. Sh. S.D. Misra, E-21, Saptarishi, Sector-2, SRISHTI, Mira Road
(East), Dist: Thane – 401 104, Mumbai.

2. Sh. Sunil Kumar, Public Information Officer, Ministry of Railway,
(Rail Mantralaya), Railway Board, Rail Bhawan, New Delhi.

3. The Appellate Authority, Ministry of Railway, (Rail Mantralaya),
Railway Board, Rail Bhawan, New Delhi.