Central Information Commission
CIC/OP/A/2009/000111 -AD
Dated 19th January, 2010
Adjunct to the Order in appeal No.CIC/ OP/A/2009/000111 -AD
Dated 27.11.09 in the case of
Smt. Rajni Pathak
v/s.
Ministry of Railways
Hearing was held on 19th January, 2010
Background
1. The Order given by the Commission on 27.11.09 in the above case is as follows:
i) The Commission directs the CPIO to provide the point wise information to the
Complainant on the basis of records available with him. If not, the non availability of
information, pointwise to be indicated.
ii) The information should reach the Complainant by 28.12.09.
iii) The Commission directs the CPIO cum US(E) to show cause as to why a penalty of
Rs.250/- per day (Maximum Rs.25000) should not be levied on him for not responding
to the RTI application within the stipulated period as given in the Act. He is directed to
submit his explanation in person on 19.1.10 at 2.30 pm
Decision
2. The Appellant was not present during the hearing.
3. Mr. Suman Sharma, DSCC & PIO, Mr. D.S. Parida, US(A), Mr. Sidhartha Singh, US,
Mr.Sekhar Kashyap, SO and Mr. Vinod Sammel, DDPE & APIO represented the Public
Authority.
4. The Respondent submitted that the RTI Application dated 04.02.08 was received in the
office on 24.02.08 and that on 25.03.08 an interim reply was provided to the
Appellant informing him that since the information sought is almost 20 years old and
the same has to be collected and compiled from various records and files, it would
take time for furnishing the same to the Appellant. The information after being
collected from various departments was then complied and sent to the Appellant vide
letter dated 05.05.08 comprising 16 pages of information. .The Respondent during the
hearing submitted that instead of appealing first to the Appellate Authority, the
Appellant has directly approached the Commission. He however added as directed by
the Commission, the information was provided to the Appellant vide Ministry’s letter
dated 22.12.09 on receipt of the copy of the Complaint filed by the Appellant before
the Commission. According to the Respondent, the Appellant was also invited to
inspect the files. However the Appellant did not avail the opportunity to do so. In the
light of the fact that the information sought is voluminous and that it had to be located
from files which are 20 years old or more, the Commission condones the delay in
furnishing of information by the CPIO and drops the penalty proceedings against the
CPIO. As far as the complaint that the information is incomplete is concerned, the
Commission suggests that the Appellant send a list of missing documents to the CPIO
within 5 days of receipt of this order and the CPIO to provide the information by end
February, 2010 if available on records. If not available the Appellant may be
informed about the nonavailability of information giving reasons for the same.
5. The complaint is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Smt. Rajni Pathak
H.No.1/4492 C
Ram Nagar Extension
Mandoli road
Shahdara
Delhi 110 032
2. The CPIO
Ministry of Railways
Railway Board
Rail Bhawan
New Delhi
3. The Appellate Authority
Ministry of Railways
Railway Board
Rail Bhawan
New Delhi
4. The US(E)
Ministry of Railways
Railway Board
Rail Bhawan
New Delhi
5. Officer in charge, NIC
6. Press E Group, CIC