Central Information Commission
*****
No.CIC/OK/A/2008/00385
Dated: 16 September 2008
Name of the Appellant : Shri K.K. Chaubey
406/3, Railway Colony
Near Collectorate Office
High Court Chauraha, Jabalpur,
Name of the Public Authority : West Central Railway
Background:
Shri K.K. Chaubey of Jabalpur filed an RTI-application with the Public
Information Officer, Railway Board, on 17 September 2007, seeking
information/documents on 26 counts relating to the DAR case against the
Appellant.
2. The PIO vide his letter dated 18 October 2007 replied to the RTI-
application. Not satisfied with the reply of the PIO, the Appellant filed an
appeal with the first Appellate Authority on 16 November 2007 who vide his
letter 26 December 2007 replied to it. Thereafter, the Appellant approached
the Central Information Commission with a Second Appeal on 5 February 2008,
which was registered in the commission on ___.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 15 September 2008.
4. Shri S.P. Singh, DGM & PIO and Shri Sudesana Sen, Dy. CVO, represented
the Respondents.
5. The Appellant, Shri K.K. Chaubey, was present in person.
Decision:
6. The Commission heard both the sides in a case where the main issue was
the stage at which information can be disclosed during the process of
enquiry/investigation of a DAR case, that is to say, that the provision of denial
of information under Section 8(1)(h) has to be examined. According to the
Appellant, there was a Supreme Court case which had a bearing in the matter.
He also mentioned some CIC decisions which were relevant. The Commission
accordingly directs him to submit a note mentioning all these points and send a
copy to the Respondents also. The Respondents will get 20 working days to file
their rejoinder and the Commission will take a decision thereafter.
7. However, the case will be considered as finally closed in case there is no
communication from the Appellant by 7 October 2008.
8. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri K.K. Chaubey, 406/3, Railway Colony, Near Collectorate Office, High
Court Chauraha, Jabalpur,
2. The Public Information Officer, West Central Railway, General Manager’s
Office, Indira Market, Jabalpur
3. The Appellate Authority, West Central Railway, General Manager’s Office,
Indira Market, Jabalpur
4. Officer Incharge, NIC
5. Press E Group, CIC