Central Information Commission
*****
No.CIC/OK/A/2008/00115
Dated: 31 July 2008
Name of the Appellant : Shri Shriram Dagaduji Navthale
R/o 20, Santaji Nagar, Behind Sudhir
Colony, Akola, AT. PO. Tq. Distt. Akola
Maharashtra, 444001
Name of the Public Authority : Central Railway
Background:
Shri S.D. Navthale of Akola filed an RTI-application with the Public
Information Officer, Central Railway, Bhusawal, on 27 April 2007, wherein he sought
a certificate confirming the status of reservation of waitlisted berths in 1040
Maharashtra Express for 26 October 2006, etc.
2. The PIO vide his letter dated 15 June 2007 replied to his RTI-application. Not
satisfied with the reply of the PIO, the Appellant filed an appeal with the first
Appellate Authority on 8 July 2007 who vide his letter dated 13 July 2007 replied to
his First Appeal. Thereafter, the Appellant approached the Central Information
Commission with a Second Appeal on 12 December 2007.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the matter
on 18 July 2008.
4. Shri R.D. Meena, ADRM & Appellate Authority and Shri G. Yawalkar,
represented the Respondents.
5. The Appellant, Shri S.D. Navthale, was present in person.
Decision:
6. The Commission heard both the sides and noted that the Applicant had filed
an RTI-application of 27 April 2007 to which the reply was given on 10 May 2007.
Here the confusion arose because the Applicant had gone by the RTI-rules of the
State of Maharashtra, which allowed the RTI-fee to be paid through a Court fee
stamp of Rs.10/-. However, when this application reached the PIO of the Central
Railway, he acted according to the RTI-Act as prevalent at the Centre and which
should be considered as prevalent everywhere else. According to him, the court fee
was not acceptable and hence he asked the Appellant to pay Rs.14/-, that is,
Rs.10/- towards the RTI-application and Rs.4/- towards the cost of photocopies of
the documents containing the information. This fee was paid by the Appellant and
the information supplied. By this time, however, six months had passed and,
according to the Respondents, since they were required to retain this information
only for six months as per the standing rules/guidelines of their Department, they
had destroyed this information. After this period of six months, some skeleton
information regarding reservations and tickets were available in soft copy, a copy of
which also was supplied to the Applicant. Obviously, this was taken by the
Commission as a satisfactory response. However, during the hearing, the Appellant
came up with the fact that the information which was required by him related to
the reservations of Railway tickets from Akola and, therefore, the RTI-application
should have been received at Akola. However, as per the statements of both, the
Appellant as well as the Respondents, there is no Information Officer in over 100
Stations between Akola and Bhusawal. The next PIO is available only at Bhusawal
which is the Divisional Headquarters. During the hearing, the Respondents stated
that this was the usual practice of the Railways. Even if we consider this to be the
fact, the Department was required to guide an RTI-applicant at Akola as to where
the application should have been filed.
7. While the Commission, therefore, accepts the submission of the Respondents
that after six months much of the information asked for by the Appellant had been
weeded out because of the standing rules prevalent in the Department regarding
retention of records, it understands the harassment that the Applicant had to go
through in absence of a PIO stationed in the office of the public authority and not
even being told as to where he could file the RTI-application. As such, the
Commission awards a compensation of Rs.5,000/- to the Appellant for the mental
harassment that he has undergone. This may be paid to the Appellant by 29 August
2008. In addition, it directs the Respondents to take care of the appointment of
PIOs and Appellate Authorities as per the letter and spirit of the RTI-Act.
8. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri Shriram Dagaduji Navthale, S/o Shri Dagaduji Navthale, R/o 20, Santaji
Nagar, Behind Sudhir Colony, Akola, AT. PO. Tq. Distt. Akola, Maharashtra,
444001
2. The Public Information Officer, Central Railway, Divisional Railway Manager’s
Office, Commercial Branch, Bhusawal Division, Bhusawal-425201
3. The Appellate Authority, Central Railway, Divisional Railway Manager’s Office,
Commercial Branch, Bhusawal Division, Bhusawal-425201
4. Officer Incharge, NIC
5. Press E Group, CIC