Central Information Commission
CIC/AD/A/2010/000237
Dated April 13, 2010
Name of the Applicant : Ms. Santosh Kumari
Name of the Public Authority : DRM Office
North Western Railway
Jaipur
Background
1. The applicant filed her RTI application dt.27.8.09 with the PIO, DRM Office, North
Western Railway, Jaipur requesting for information regarding one Shri Arjun Lal, Khalasi
including copies of his suspension order, revocation of suspension order, his
reinstatement and rules regarding reinstatement of employee in the light of his conviction.
The PIO replied on 29.9.09 enclosing the information furnished by Sr.DPO who vide his
note dt.24.9.09 stated that information sought relates to a third party and the third party
has denied the disclosure and accordingly denied the information. Not satisfied with the
reply, the Applicant filed an appeal dt.12.10.09 with the Appellate Authority reiterating his
request for the information. The Appellate Authority replied on 19.11.09 upholding the
decision of the PIO. Being aggrieved with the reply, the Applicant filed a second appeal
dt.30.12.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for April 13, 2010.
3. Shri Vijay Singh Meena, PIO and Shri R.S.Parihar, DPO represented the Public
Authority.
4. The Applicant was represented by Shri Amrit Prasad Sharma during the hearing
Decision
5. The Respondent submitted that the Applicant had loaned some money to Shri. Arjun Pal
and had received from Shri Lal blank chequs towards monthly payment of loan. When
the cheques bounced, Shri Arjun Lal was imprisoned for a month and was later released
on bail. The Respondent added that the monetary transaction between the Applicant and
Shri Arjun Pal was done at a personal level and that the Public Authority was not involved
. However, when Shri Arjun Lal informed the office about his imprisonment after being
released on bail, he was duly suspended and on appeal, his suspension was revoked
and he was reinstated. The Appellant is hence seeking the information as detailed above
and also the affidavit as well as the documents submitted by Shri Arjun Lal. Shri Meena
added that no affidavit has been submitted by the Appellant. The Appellant maintained
that she is the affected party and has every right to know about the action taken by the
Public Authority in respect of Shri Lal.
6. The Commission after hearing both sides, is of the view that information sought cannot
be considered as belonging to a third party as it pertains to the action taken by the Public
Authority on a public servant for the crime committed by Public servant, as per rules of
the Government. Also, it is the affected party who is seeking the information and the
affected party has every right to know details of action taken on the Public Servant who
had committed the crime against them and hence information cannot be considered as
third party information. Accordingly, the decision of the Appellate Authority is hereby set
aside and the PIO is directed to provide complete information sought by the applicant.
7. The information should reach the Appellant by 13.5.10 and the Appellant to submit a
compliance report to the Commission by 20.5.10.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy. Registrar
Cc:
1. Ms.Santosh Kumari
D/o Late Shri Ganpat Singh
R/o AT Present
Near Plot No.P6
Sabji Mandi
Near Railway Station
Power House Road
Jaipur
2. The PIO
North Western Railway
Divisional Railway Manager’s Office
Jaipur Division
Jaipur
3. The Appellate Authority
North Western Railway
Divisional Railway Manager’s Office
Jaipur Division
Jaipur
4. Officer incharge, NIC
5. Press E Group, CIC