Central Information Commission
No.CIC/AD/A/2009/001679
Dated: 13 January 2010
Name of the Appellant : Shri Surendra Prasad,
Name of Public Authority : North Eastern Railway, Varanasi.
Background
1. The Applicant filed his request on 03.06.09 with the CPIO, North Easter Railway,
Varanasi . He stated that on 03.09.07 at Balia Station a goods train while shunting
got into an accident for which the Station Master on duty Mr. Santosh Kumar, the
Station Superintendent, Mr. Rajesh and Locomotive Pilot, Mr. Deepak Kumar were
found responsible and were chargesheeted. In this connection, the Applicant requested
that copies of the punishment orders issued to the three persons be provided to him.
The PIO replied on 13.06.09 denying the information under Section 8(1) of the RTI Act
without specifying the sub clause. The Appellant filed his First Appeal on 02.07.09
stating that he has applied for the information regarding certified copy of punishment
awarded to Mr. S.K. Srivastava ASM/BUI, Rajesh Prasad, S.S. /BUI and Deepak
Kumar, Loco Pilot, HQ. Varanasi since the norms of Railway Board prescribed the
punishment awarded to primary responsible employee, secondary responsible
employee and blame worthy responsible employee separately. Since N.E. Railway
administration has shown discrimination in awarding the punishments, as such
certified copies of punishment awarded have been sought by him to see whether the
principles of natural justice have been complied with or not. He also stated that he
had gone through the exemptions and has not been able to understand under which
sub-clause of 8(1) the information has been denied as the Appellate Authority in his
order dated 31.07.09 informed him that the information is being denied under Section
8(1)(a) of the RTI Act. On not receiving any information from the Appellate
Authority, the Applicant filed his Second appeal on 20.09.09 stating that information
has been denied to him under section 8(1)(a) which in no way is concerned with the
issue raised in the RTI request.
1. The Bench of Mrs. Annapurna Dixit, Information Commissioner, heard the matter for
January 13, 2010.
3. The Appellant was not present during the hearing.
4. Mr. Rajesh Prasad, Head Clerk represented the Public Authority.
Decision
5. The Respondents submitted that the information was denied under Section 8(1) (j)
and not 8(1) (a), by the Appellate Authority and that it was a case of
misunderstanding by the Appellant. As for the PIO’s reply denying information under
Section 8(1), the Respondent stated that it is but a typographical error and that it
should have been 8(1)(j) .
6. The Commission on review of submissions on record holds that information sought
relates to public servants who have failed to discharge their duties efficiently because
of which damage has been caused to public property. Hence the information cannot be
considered as ‘personal’. Hence complete information as sought by the Appellant may
be provided to the Appellant by 10.02.09.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Dy. Registrar
Cc:
1. Shri Surendra Prasad Srivastava,
R/o Haripur,
Hai Basti,
Near Jatahawa Baba Temple,
Ballia.
2. The Public Information Officer,
North Eastern Railway,
Divisional Railway Manager’s Office,
Varanasi Division,
Varanasi.
3. The Appellate Authority,
North Eastern Railway,
Divisional Railway Manager’s Office,
Varanasi Division,
Varanasi.
4. Officer incharge, NIC
5. Press E Group, CIC