Central Information Commission
Mr.Prabhu Sharan vs Ministry Of Railways on 13 August, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001548
Date of Hearing : August 13, 2012
Date of Decision : August 13, 2012
Parties:
Applicant
Shri Prabhu Saran
Station Master (Goregaon)
Western Railway
Qtr.No.102/05
W.R.Colony
Matunga Road
Mumbai 400 019
The Applicant was present at NIC Studio, Mumbai
Respondents
Western Railway
O/o Dy. Chief Personnel Officer
Headquarters Office
Churchgate
Mumbai 400 020
Represented by : Shri V.V.Patil, PIO
NIC Studio, Mumbai
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001548
ORDER
Background
1. The Applicant filed an RTI Application dt.2.12.11 with the PIO, Western Railway, Mumbai seeking information against four points with regard to the examination that was held for the post of Law Assistant on 9.7.11 including copy of his answer sheet, his marks against each question, model answer paper etc. . The PIO replied on 16.12.11 furnishing point wise information while informing the Applicant that information cannot be disclosed at this stage since the selection process has not yet been completed. The Applicant then filed an appeal dt.4.1.12 with the Appellate Authority seeking the information once again . The Appellate Authority replied on 30.1.12 enclosing the comments received from the PIO who stated once again that information will be provided once the selection process is completed. With regard to point 4, he stated that model answers are not available and hence cannot be provided. The Appellate Authority also clarified that the answer sheets can only be provided after the selection process is completed. Being aggrieved with the reply, the Applicant filed a second appeal dt.13.3.12 before CIC requesting for the information. Decision
2. During the hearing, the Appellant's only complaint was that the questions that were asked in the exam were not from the prescribed syllabus. He wanted the reasons as to why they were asked from outside the syllabus. The Respondents submitted that no recorded reasons in this regard are available and hence the reasons being sought cannot be furnished. The Respondents also added that no model answer paper was prepared as the paper was objectivetype and also that the answer key to the objective type paper has been furnished to the Appellant already.
3. It is clear from the Respondent's submission that available information has been provided to the Appellant. Since the reasons being sought by the Appellant are admittedly not available on record no disclosure is possible. The case is therefore directed to be closed.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G. Subramanian) Deputy Registrar Cc Cc:
1. Shri Prabhu Saran Station Master (Goregaon) Western Railway Qtr.No.102/05 W.R.Colony Matunga Road Mumbai 400 019 2 The Public Information Officer Western Railway O/o Dy. Chief Personnel Officer Headquarters Office Churchgate Mumbai 400 020
3. Officer in charge, NIC