Central Information Commission
CIC/AD/A/2009/001815
Dated February 3, 2010
Name of the Applicant : Shri Sanjay Poddar
Name of the Public Authority : M/o Railways
Background
1. The Applicant filed an RTI application dt.3.3.09 with the CPIO, Railway Board
requesting for photocopies of all pages of his service book and ACRs since 1997-98.
Shri Shivdan Singh, CPIO replied on 14.5.09 enclosing the information dt.13.5.09
received from Shri A.K.Sen, US(E)/Spl stating that for obtaining the photocopies of
service book the applicant should approach the PIO, Western Railway and denying the
photocopies of ACRs u/s 8(1)(j) Being aggrieved with the reply, the Applicant filed an
appeal dt.29.5.09 with the Appellate Authority reiterating his request for the
information and also seeking additional information. Shri P.K.Sharma, Appellate
Authority replied on 17.7.09 enclosing the information dt.16.7.09 received from Shri
M.D.Pillai, Director (Est.) denying once again the information. Still not satisfied with
the reply, the Applicant filed a second appeal dt.9.10.09 before CIC reiterating his
request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for February 3, 2010.
3. Shri R.K.Meena, Director (Est.) and Shri Jayakumar G, Section Officer represented the
Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Respondent submitted that the custodian of the service book is the Western
Railway and that the RTI application was not transferred to the Western Railway
under Section 6(3) of the Act since the Appellant himself is working for that Railway
and it was assumed that the Appellant himself can easily approach the PIO of the
Railway for the information. In this connection, the PIO is warned to refrain from
violating the provisions of the RTI Act and interpreting the law to suit his convenience.
6 The Commission after reviewing the submissions made by the Respondent directs the
PIO to transfer the RTI application to the concerned PIO of the Public Authority within
5 days of receipt of the Order with the direction that the attested photocopy of service
book be provided to the Appellant directly free of cost within the next 15 days. The
PIO, Ministry of Railways may also provide attested copies of the Appellant’s ACRs to
him in view of the latest decision of the Full Bench of CIC passed on 19.02.2009 in
Appeal No. CIC/WB/A/2007/00422 . The information to be provided by end February,
2010.
7. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Sanjay Poddar
C-12, Arvind Nagar Air Force
Central School Road
Ratanada
Jodhpur 342 001
2. The PIO
Ministry of Railways
O/o Joint Secretary (G) & CPIO-II
Railway Board
Rail Bhawan
New Delhi
3. The Appellate Authority
Ministry of Railways
O/o Adviser (Staff)
Railway Board
Rail Bhawan
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC
