Central Information Commission Judgements

Shri K.N. Sharma vs Central Railway, Mumbai Cst on 12 November, 2008

Central Information Commission
Shri K.N. Sharma vs Central Railway, Mumbai Cst on 12 November, 2008
                        Central Information Commission
                                      *****

No.CIC/OK/A/2008/00415

Dated: 12 November 2008

Name of the Appellant : Shri K.N. Sharma
R/No.15, C-Wing
Swap Ship Apartment
Near Gaon Devi Temple
New DP Road, Anand Nagar
Kulgaon, Budlapur (E), Thane, 421503

Name of the Public Authority : Central Railway, Mumbai CST

Background:

Shri K.N. Sharma of Thane filed an RTI-application with the Public
Information Officer, Western Railway, Mumbai CST, on 11 October 2007, seeking
information regarding the details of candidates who appeared in examinations
held on 22 May 1984 and 21 June 1984.

2. The PIO vide his letter dated 26 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 27 November 2007 who vide his
letter dated 14 December 2007 replied to it. Thereafter, the Appellant
approached the Central Information Commission with a Second Appeal on 14
February 2008 which was registered in the Commission on 25 April 2008.

3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 5 November 2008.

4. Shri Kamal Jain, Sr. DCM & CSTM and Shri N.D. Kamble, DPO, represented
the Respondents.

5. The Appellant, Shri K.N. Sharma, was present in person.

Decision:

6. The Commission heard both the sides and noted that through his RTI-
application, the Applicant wanted the records of the persons who had appeared
with him for selection for a post in 1984 in which only he himself had not been
selected. According to the Respondents, they had weeded out/destroyed these
records as per the standing guidelines/rules of the Department. While they had
intimated to the Appellant the number of the Circular under which they had
destroyed these records, they had not provided a copy of the same to him. The
Commission now directs them to provide a copy to the Appellant immediately.

7. The case, however, is a strange one and should not have come to the
Commission, for the Appellant states that in an examination held more than 20
years back, he had not been successful and wants to know the names and the
records of the persons who had been successful and demands that justice should
be done to him. It is difficult for the Commission to fathom what kind of justice
he desires now. The case, therefore, stands dismissed.

8. The Commission ordered accordingly.

Sd/-

(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:

Sd/-

(G. Subramanian)
Assistant Registrar

Cc:

1. Shri K.N. Sharma, R/No.15, C-Wing, Swap Ship Apartment, Near Gaon Devi
Temple, New DP Road, Anand Nagar, Kulgaon, Budlapur (E), Thane, 421503

2. The Public Information Officer, Central Railway, Divisional Railway
Manager’s Office, Commercial Branch, CST, Mumbai

3. The Appellate Authority, Central Railway, Divisional Railway Manager’s
Office, Commercial Branch, CST, Mumbai

4. Officer Incharge, NIC

5. Press E Group, CIC