Central Information Commission
CIC/OP/A/2009/000340-AD
Dated Jauary 5, 2010
Name of the Applicant : Shri Pathan Dilavar Sidibhai
Name of the Public Authority : Western Railway, Bhavnagar
Background
1. The Applicant filed an RTI application dt.16.2.09 (Copy not in file) with the PIO, WR
The PIO replied on 20.3.09 (Copy not in file). Not satisfied wit the reply, the
Applicant filed an appeal dt.2.4.09 with the Appellate Authority (Copy not in file).
The Appellate Authority replied on 4.5.09 stating that against points 1 and 4, the
documents have been newly demanded at the appeal stage and do not figure in the
RTI application. However, these documents i.e. Affidavits are not available in records
as the same were not demanded because these were not required. With regard to
para 5, he stated that the file number is EM.789/67/Mech(Temp) but it is not clear
what details are required by the Applicant. However, he invited the Applicant to
inspect the file if he wished to do so. With regard to point 6, he stated that page
Nos.22, 24, 25 and 17 are being sent once again and added that original copy of page
No.22 is already faint. He also added that the Applicant may intimate a suitable date
to the PIO if he wants to see the papers personally. Being aggrieved with the reply,
the Applicant filed a second appeal dt.29.5.09 before CIC
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for January 5, 2010.
3. Shri H.M.Parmar, PIO & DPO and Shri Chetan Joshi represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. On perusal of the second appeal, the Commission noted that the Appellant is not
satisfied with the information provided although he has been informed that it is not
clear as to what exactly he is seeking. In the absence of such specific details, the
Commission upholds the decision of the Appellate Authority and directs the PIO to
allow inspection of relevant files by the Appellant so that he can identify the exact
documents he is seeking and to provide him copies of those documents free of cost
6. The information to be provided by 5.2.2010 and the Appellant to submit a compliance
report to the Commission by 12.2.2010.
7. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Pathan Dilavar Sidibhai
Plot No.13, Ramjiwadi
Bhavnagar Para
Bhavnagar
2. The PIO
Western Railway
Divisional Railway Manager’s Office
Bhavnagar Division
Bhavnagar
3. The Appellate Authority
Western Railway
Divisional Railway Manager’s Office
Bhavnagar Division
Bhavnagar
4. Officer incharge, NIC
5. Press E Group, CIC