Central Information Commission
CIC/SG/A/2009/001190-AD
Dated December 18, 2009
Name of the Applicant : Shri Shivnarayan S.Rajbhar
Name of the Public Authority : WR, Mumbai
Background
1. The applicant filed an RTI application dt.1.12.08 with the PIO, WR, Mumbai requesting
for information against 9 points with regard to details of foundation laid for providing
OHE along railway lines from Churchgate to Virar during the period 1.1.1998 to
27.11.08. The PIO replied on 6.1.09 stating that information is not available on
records. Not satisfied with the reply, the Applicant filed an appeal dt.4.2.09 with the
Appellate Authority reiterating his request for the information. The Appellate Authority
replied on 17.2.09 upholding the decision of the PIO. Being aggrieved with the reply,
the Applicant filed a second appeal dt.10.4.09 before CIC reiterating his request for
the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 18, 2009.
3. Shri Shiv Ram, Dy.CEE/C, Churchgate represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5 The Respondent, Shri Shiv Ram submitted that information sought by the Appellant is
not maintained in the format in which it is being sought. He explained that casting of
foundation for OHE is one of the tasks included in the tenders along with a number of
other tasks which are awarded to various agencies who are taken on, on a contract
basis. He stated that the information sought has to be culled out from the total
information available on tasks completed during the said period and that the
information is voluminous and compiling the same would be time consuming.. In this
connection, he stated that the files would be more than 100 in number and compiling
information from them would disproportionately divert the resources of the Public
Authority.
6. The Commission after hearing the submission of the Respondents holds that
information sought is indeed voluminous and hence directs the PIO to allow the
Appellant to inspect the relevant files on any two consecutive days and to provide
him with certified copies of documents, free of cost. Information to be provided by
25.1.2010.
7. The PIO to showcause why a penalty should not be imposed on him for willfully
denying the information which is available with him. The explanation to reach the
Commission by 25 January, 2010.
5. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Shivnarayan s.Rajbhar
#33 Moti Bhawan
Dr.D’Silva Road
Dadar (West)
Mumbai 400 028
2. The PIO
Western Railway
Headquarter Office
Churchgate
Mumbai 400 020
3. The Appellate Authority
Western Railway
Headquarter Office
Churchgate
Mumbai 400 020
4. Officer incharge, NIC
5. Press E Group, CIC