Central Information Commission Judgements

Shri Yadu Nadan Prasad vs East Central Railway on 16 June, 2009

Central Information Commission
Shri Yadu Nadan Prasad vs East Central Railway on 16 June, 2009
                CENTRAL INFORMATION COMMISSION
                    Club Building, Old JNU Campus,
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                                  Tel: + 91 11 26161796

                                                 Decision No. CIC/SG/A/2009/001020/3719
                                                        Appeal No. CIC/SG/A/2009/001020
Relevant Facts

emerging from the Appeal:

Appellant                         :      Shri Yadu Nadan Prasad,
                                         Shri Raj Kishor Singh,
                                         Village-Cholhai Chok,
                                         Mahavir Tola, Danapur
                                         Post-Sahay Nagar, Dhanaut,
                                         Patna

Respondent                        :      Public Information Officer and

Deputy Chief Engg, (Construction),
Ganga Bridge,
East Central Railway,
Digha Ghat, Patna (Bihar)

RTI application filed on : 29.01.2009
PIO replied : 26.02.2009
First Appeal filed on : 13.03.2009
First Appellate Authority order : Not clear.
Second Appeal received on : 02.05.2009

Information Sought:

The Appellant sought for information regarding employment of land lord affected in land-
occupation by railway.

1. What status is on progress on recommendation letter dated 19.08.2008, regarding
employment of Raiyat affected in land-occupation by railway.

2. What is the date and letter No. regarding this issue written to railway board/ other offices
for sanction?

3. Can we have the copy of that letter?

4. What cause to delay in taking action against this employment despite of that affected land
lord of north part of this plan has been already got service.

5. Will affected Raiyat be employed as same way as Raiyat North Part of this plan?

Grounds for First Appeal:

The information had not been provided.

The First Appellate Authority ordered:
It is not clear whether letter dated 20.03.2009 is the FAA’s order. The following are reply:

1. There is no provision of employment of land lords affected in land -occupation of South
end of Ganga Bridge Plan.

2. Instruction/Directions has been received from railway board. According to this, there has
not to consider of displacement people in the case of occupation of land/ House done by
railway.

3. The compensation on occupied land /house etc. is given by the state government

4. Since this is the letter regarding employment, therefore, the copy of it can not be given.
Since there is no provision of employment. Hence, there is no question of delay.

5. No.

Grounds for second Appeal:

The Appellant has mentioned that FAA completely ignored to give reply on two questions
and reply of rest questions are misleading & arbitrary, malafide conduct

Relevant Facts emerging during Hearing:
The following were present:

Appellant : Absent
Respondent : Absent
This matter has been decided earlier in Decision no. CIC/SG/A/2009/000875/3606 dated
8 June 2009. In the said order the PIO was directed to provide information to the appellant
before 25 June 2009 with copy to the Commission.
Therefore this appeal abates

Decision:

The Appeal abates.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free of cost as per section
7(6) of RTI, Act, 2005.

Shailesh Gandhi
Information Commissioner
16 June 2009

(In any correspondence on this decision, mention the complete decision number.)

(Rnj)