Central Information Commission
*****
No.CIC/OK/A/2008/00232
Dated: 29 August 2008
Name of the Appellant : Shri Augustine P.E.
661/A, New Railway Colony
Sabarmati, Ahmedabad, 380019
Name of the Public Authority : Western Railway
Background:
Shri Augustine P.E. of Ahmedabad filed an RTI-application with the Public
Information Officer, Western Railway, Mumbai, on 6 August 2007, seeking
information regarding the change of category of staff.
2. The PIO vide his letter dated 17 September 2007, replied to the RTI-
application. In the meanwhile, the Appellant filed an appeal with the first
Appellate Authority on 10 September 2007 to which the Appellate Authority vide
his letter dated 30 October 2007, replied to it. Thereafter, the Appellant
approached the Central Information Commission with a Second Appeal on 18
December 2007.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 22 August 2008.
4. Shri S.K. Jeswani, Dy. CPO & PIO and Shri Ajay Apte, Sports Officer,
represented the Respondents.
5. The Appellant, Shri Augustine, 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 they had given an item-wise reply to the RTI-application of 6
August 2007, on 17 September 2007. Explaining the 11 days’ delay in replying to
the RTI-application, the Respondents clarified that this was basically third party
information and that they had started making efforts at getting the information
as soon as the RTI-application was received. Since the party concerned was not
in station and had been posted at Ahmedabad, there was a delay in the transit
of the information from the party concerned to the PIO. The Commission
accepts this as a reasonable cause and condones the delay.
7. As for the issue raised in the RTI-application, the Commission noted that
basically what the Appellant wanted was to know the reasons for the change of
category granted to Shri Biju Thomas on the basis of his being an Athletic Coach.
According to the Respondents, they had even opened up the concerned file
where the change of category of Shri Biju Thomas had been decided. As such,
the Commission does not see any additional information that could be provided
to the Appellant. During the hearing, the Respondents submitted that the
Appellant, Shri Augustine had even approached the CAT, Ahmedabad, in the
matter of promotion and that the CAT also had turned the matter down. The
Commission, therefore, sees no role for itself in the matter.
8. The case is thus disposed of.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri Augustine P.E., 661/A, New Railway Colony, Sabarmati, Ahmedabad,
380019
2. The Public Information Officer, Western Railway, Headquarter Office,
Churchgate, Mumbai-400020
3. The Appellate Authority, Western Railway, Headquarter Office, Churchgate,
Mumbai-400020
4. Officer Incharge, NIC
5. Press E Group, CIC