Central Information Commission
*****
No.CIC/OK/A/2008/00411
Dated: 18 November 2008
Name of the Appellant : Shri A.B. Avadhanulu
Convenor, Forum for Natural Justice &
Social Welfare, D. No. 43-77-7
Ajit Singh Nagar, Vijayawada, 520015
Name of the Public Authority : South Central Railway, Vijayawada
Background:
Shri A.B. Avadhanulu of Vijayawada filed an RTI-application with the
Public Information Officer, South Central Railway, Vijayawada, on 20 September
2007, wherein he asked for details of the disciplinary proceedings conducted
against Shri Syed Gayaz, Senior Booking Clerk, who was transferred to Hubli
Division on 7 December 1999.
2. The PIO vide his letter dated 21 September 2007 replied to the RTI-
application wherein he asked the Appellant to provide the address of Shri Syed
Gayaz in order to get his consent for supplying the information. Not satisfied
with the reply of the PIO, the Appellant filed an appeal with the first Appellate
Authority on 24 October 2007 and then approached the Central Information
Commission with a Second Appeal on 8 February 2008 which was registered in
the Commission on 24 April 2008.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 6 November 2008.
4. Shri P. Kishore Babu, Sr. DPO & PIO and Shri V. Ramanathan, OS-II,
represented the Respondents.
5. The Appellant, Shri A.B. Avadhanulu, was neither present nor send any
representative for the hearing.
Decision:
6. In the absence of the Appellant, the Commission heard the Respondents
and noted that the Applicant had asked for information regarding another
employee of the Department. When the Respondents asked the Appellant to
furnish to them the address of Shri Syed Gayaz (the person on whose behalf the
Appellant had asked for information) in Order to get his consent in the above
case, the Appellant rather than giving the address of the person so that the
Department could get in touch directly, provided a slip of paper to the
Respondents stating that the party was authorizing him to receive any
information relating to him (the person on whose behalf the information was
being sought). Incidentally the note added “this is my permanent consent
letter for your preservation in future also. Every time I need not give
willingness. This may be treated as permanent willingness letter”. During
the hearing, the Respondents expressed the view that this consent letter was
suspect. The Commission, therefore, directs the Appellant to provide to the
Respondents the address of the person concerned (since he has given a consent
letter to the Department from him) so that the Respondents could get in
directly in touch with him for further action in the matter.
7. The case is thus disposed of.
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri A.B. Avadhanulu, Convenor, Forum for Natural Justice & Social
Welfare, D.No. 43-77-7, Ajit Singh Nagar, Vijayawada, 520015
2. The Public Information Officer, South Central Railway, Divisional Railway
Manager’s Office, Personnel Branch, Vijayawada
3. The Appellate Authority, South Central Railway, Divisional Railway
Manager’s Office, Personnel Branch, Vijayawada
4. Officer Incharge, NIC
5. Press E Group, CIC
