Shri Kausik Bhattacharyya vs Ministry Of Railway on 23 June, 2009

                     CENTRAL INFORMATION COMMISSION
                Appeal No. CIC/OK/C/2008/00837/OP dated 22-9-2009
                     Right to Information Act 2005 - Section 19



               Name of the Appellant              : Shri Kausik Bhattacharyya

               Name of the Public Authority       : Ministry of Railway



BACKGROUND:

         Shri Kausik Bhattacharyya vide his RTI Application dated 23/06/2008
     requested for the information related to various railway projects/lines which are
     under construction falling under the jurisdiction of Northern Railway, North East
     Frontier Railway, Eastern Railway and South Eastern Railway.


2.       Appellant's RTI application to the PIO, Ministry of Railways has not been
         responded to. There was no first appeal made to the FAA. Second appeal
         was filed by the Appellant to CIC on 9/8/2008.


3.       The Bench of Mrs. Omita Paul, Information Commissioner, heard the matter
         on 23.06.2009.


4.       Mr. Hari Mohan Gupta (PIO & DyCE/PIM & Secy to CAO/C -II) and Ms.
         Aashima Mehrotra (DGM/Law/NR) represented the Respondent.


5.       Neither the Appellant nor his representative was present.


Decision:



         The Commission heard the Respondent. Since all the questions asked by the
Appellant referred to North East Frontier Railway, Manigaon and Northern Railway the RTI
Application was transferred to the respective CPIOs under Section 6(3) of RTI Act, 2005 on
25/06/2008. Information on query number two pertaining to Northern Railway was provided
by the Respondent to the Appellant vide its letter dated 09/07/2008. The Commission took
 an adverse view of the inaction by the CPIOs concerned which has resulted in delay of
almost one year in responding to the Appellant. The Commission directed the CPIO of the
Railway Board to convey the orders of The Commission to respective CPIOs to provide the
information to the Appellant within three weeks and show cause why action should not be
taken against the CPIO(s) under Section 20 of RTI Act, 2005. The reply to this show cause
notice should be sent to The Commission within two weeks failing which penalty will be
imposed.

       Announced on conclusion of the hearing.
       Notice of this decision be given free of cost to the parties.
       .

(Omita Paul)
Information Commissioner

Authenticated true copy.

(Dhirendra Kumar)
Under secretary & A.R.

Copy to:

1. Shri Kausik Bhattacharyya (Advocate),
78 Ramlal Agarwala Lane,
Kolkata- 700050

2. Central Public Information Officer

Ministry of Railway

Railway Board, Rail Bhawan,

New Delhi

3. Officer-in-Charge, NIC

4. Press E Group, CIC