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Decision No. CIC/SG/A/2009/000888/3613
Appeal No. CIC/SG/A/2009/000888
Relevant Facts
emerging from the Appeal:
Appellant : Smt. Rubi Ray (Mitra),
Bangali Para, Barhawrah
P.O.+P.S. - Barhawrah,
Distt.-Sahebganj
Jharkand-816101.
Respondent : Mr.R.K.Singh
Sr. Divl. Comml. Manager & PIO
Eastern Railway
Howrah Division.,
Kolkata
RTI application filed on : 30/08/2008
PIO replied : 29/09/2008
First appeal filed on : 14/01/2009
First Appellate Authority order : Not replied
Second Appeal filed on : 17/04/2009
Information sought:
The appellant has sought information regarding his mother’s pension which has been illegally
withdraw by Manikant Paswan on the base of some fabricated documents after the death of his
mother Uma Rani Mitra who was working on the post of NNM in Primary Health Centre in
Taltehri. He wants the copy of the service record and the name of the nominee.
PIO’s reply:
PIO had replied that “the contents of your representation has been reexamined and it transpires
that the asked for information has no relationship to any public authority and interest, and may
cause unwarranted invasion of the privacy of the individual
Disclousere of such information is forbidden under the provision of the RTI Act, 2005”
First Appellate Authority ordered:
Not replied.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Nikhil Chandra Roy on behalf of Smt. Rubi Ray (Mitra)
Respondent : Mr. Ramakant Singh, PIO
The PIO had after the decision of the first appellate authority agreed to give the information but
demanded an additional fee of Rs.156/-. Once the information was provided after the period of
30 days, it was the appellant’s right to get the information free of cost as per Section 7(6). The
PIO states that the decision to charge the additional fees was made by Mr. Rajesh Prasad, Dy.
General Manager(G), Eastern Railway, Fairly Place, Kolkata
Decision:
The Appeal is allowed.
The PIO has brought the information which has been given to the appellant before
the Commission.
The issue before the Commission is of not supplying the complete, required information by
the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIO Mr. Rajesh Prasad is
guilty of not furnishing information within the time specified under sub-section (1) of Section 7
by not replying within 30 days, as per the requirement of the RTI Act. It appears that the PIO’s
actions attract the penal provisions of Section 20 (1) .
A showcause notice is being issued to him, and he is directed give his reasons to the Commission
to show cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1) before 30 June, 2009. He will also submit proof of having
given the information to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
8 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)
CC:
Mr. Rajesh Prasad,
Dy. General Manager(G),
Eastern Railway,
Fairly Place, Kolkata