Central Information Commission Judgements

Shri Awaneesh Kumar Awasthi vs Northern Railway on 20 August, 2009

Central Information Commission
Shri Awaneesh Kumar Awasthi vs Northern Railway on 20 August, 2009
                     Central Information Commission
                          2nd Floor, August Kranti Bhawan,
                       Bhikaji Cama Place, New Delhi-110066
                               Website: www.cic.gov.in

                                                        Decision No. 4344/IC(A)/2009

                                                          F. No. CIC/OK/C/2009/00023

                                                         Dated, the 20th August, 2009

Name of the Appellant                :       Shri Awaneesh Kumar Awasthi

Name of the Public Authority         :       Northern Railway
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Facts

:

1. The appellant has asked for action taken report in respect of various
representations submitted by him. It is not revealed as to what are the issues that
are raised in his representations. The appellant has alleged that the CPIO has
not furnished the information. Hence, this complaint before the Commission.

Decision:

2. As information can be furnished provided it exists or is maintained by the
respondent. A request for information should not be made on the presumption
that information is or should be available. It is quite probable that no action has
been taken by the concerned officials in respect of the representation submitted
by him. A citizen cannot compel a public authority to take certain action, unless,
of course, the matter pertain to mandatory functions.

3. In view of the foregoing, the appellant is advised to seek inspection of
records containing the desired information and accordingly specify the required

If you don’t ask, you don’t get – Mahatma Gandhi

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information, which should be furnished as per the provisions of the Act. The
CPIO should allow inspection on the date and time convenient to both the
parties.

4. With these observations, this appeal is disposed of.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name and address of parties: 2

1. Shri Awaneesh Kumar Awasthi, C/o Smt. Archna Awasthi, 4-39-D, New
Deisel Colony, Langara Phatak, P/O Manak Nagar, Distt: Luckno, U.P.

2. The Central Public Information Officer, Office of the Dy. Chief Engineer
(Construction), Northern Railway, Pathankot, Punjab.

All men by nature desire to know – Aristotle

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