Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.4543/IC(A)/2009
F. No.CIC/OK/C/2008/000758
Dated, the 15th September, 2009
Name of the Appellant: Shri. Saidur Rahman
Name of the Public Authority: Northern Railway
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Facts
:
1. The appellant has alleged that the Commission’s Decision
No.1410/IC(A)/2007 dated November 5, 2007 has not been complied with due
mainly to lackadaisical attitude of the officials of the respondent in implementing
the provisions of the Act. As a result, the requested information has not been
furnished so far. In particular, the appellant has alleged that:
(i) The PIO has not allowed inspection of documents as directed in the
above mentioned decision; and
(ii) The PIO has not refunded Rs.600/- as directed in the said decision.
2. The appellant has, therefore, pleaded for providing complete information
as asked for. He has also pleaded for initiating penal action against the PIO for
non-compliance of the Commission’s decision.
Decision:
3. The PIO, Sr. DPO, DRM Office, Lucknow, is held responsible for violation
of section 7(1) of the Act, as he has not furnished the desired information even
when he was asked by the Commission to do so. He is, therefore, directed to
show cause as to why a maximum amount of penalty of Rs.25,000/- (Rupees
Twenty Five Thousand only) should not be imposed on him u/s 20(1) of the Act.
He should submit his explanation at the earliest and also appear for a personal
hearing on 19th October 2009 at. 12.15 p.m., failing which penalty would be
imposed on him. In case he has sought for assistance of the concerned officer,
the custodian of information u/s 5(4) of the Act, he should identify and advise him
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“If you don’t ask, you don’t get.” – Mahatma Gandhi
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to submit his explanation for denial of information and also appear for the hearing
on the above mentioned date and time.
4. The respondent, preferably through its Appellate Authority as a nominee,
should also explain as to why an amount of compensation of Rs.10,000/-
(Rupees Ten Thousand only) u/s 19(8)(b) should not be awarded to the appellant
for the detriment suffered by him in seeking information from the respondent. He
should submit his explanation at the earliest and also appear for hearing on the
date and time mentioned above, failing which compensation would be awarded
to the appellant. The appellant may also be present in the hearing.
5. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari)
Central Information Commissioner ii
Authenticated true copy:
(M.C. Sharma)
Assistant Registrar
Name & address of Parties:
1. Sh. Saidur Rahman, Running Shed Colony, L.D.-14-A, Terhi Pulia,
Alambagh, Lucknow-226 005 (U.P.)
2. The Public Information Officer & Sr. DPO, Northern Railway, O/o DRM,
Divisional Office, Hazratganj, Lucknow, (U.P.)
3. The Appellate Authority, Northern Railway, Hazratganj, Lucknow (U.P.)
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“All men by nature desire to know.” – Aristotle
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