Central Information Commission
Mr.Sudheer Kumarpali vs Ministry Of Railways on 18 May, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000626
Date of Hearing : May 18, 2011
Date of Decision : May 18, 2011
Parties:
Applicant
Shri Sudheer Kumar Pali
H.No.LP/3D
Maurya Enclave
Pitampura
Delhi 110 034
The Applicant was present during the hearing
Respondents
The Public Information Officer
Ministry of Railways
Joint Secretary (G) & PIOII
Railway Board
Rail Bhawan
New Delhi
Represented by : Dr.Menka Jain, Director (IH)
Mrs.H.K.Sashotra, Dy. Director
Ms.Jyoti Swarup, S.O
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000626
ORDER
Background
1. The Applicant filed an RTI Application dt.18.5.10 with the PIO, Railway Board requesting for information against two points including whether judgment delivered by Hon'ble Justice Kailash Gambhir of Delhi High Court on 12.3.10 in WP(C) No.889/2007 of Kishan Chand Versus Govt. of NCT and others filed under Article 226 of Constitution of India is applicable to retired Railway Pensioners irrespective of whether they has opted to become a member of RELHS/97 or not. Shri Shivdan Singh, CPIOII replied on 8.6.10 enclosing the information furnished by Ms.Jyoti Swarup from the Health Directorate who stated that no information in this regard is available in the Directorate. With regard to the second query, she stated that opinion cannot be given under purview of RTI Act. Not satisfied with the reply, the Applicant filed an appeal dt.24.6.10 with the Appellate Authority commenting on the reply provided. On not receiving any reply from the AA, the Applicant filed an appeal dt.24.12.10 before CIC reiterating his request for the information. Decision
2. During the hearing, the Respondent from Health Directorate submitted that they have not examined this issue of applicability of the said judgment to Retired Railway Pensioners and hence there is no information available with them that can be provided. She also added that no instructions have been received by them to examine the matter. The Appellant insisted that this being a policy matter, information has to be provided by the Ministry of Railways and that information ought not to have been called for from the Health Directorate.
3. The Commission after hearing the submissions of both sides while noting that information against point (ii) has been provided, directs the PIO, Ministry of Railways to provide the information to the Appellant, In the event the said judgment has not been examined in the light of its applicability to retired railway pensioners, the PIO, Ministry of Railways to admit the same formally in writing to the Appellant. The information should reach the Appellant by 20.6.11 and the Appellant to submit a compliance report to the Commission by 25.6.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Sudheer Kumar Pali H.No.LP/3D Maurya Enclave Pitampura Delhi 110 034
2. The Public Information Officer Ministry of Railways O/o Joint Secretary (G) and PIOII Railway Board Rail Bhawan New Delhi
3. The Appellate Authority Ministry of Railways O/o the Adviser (Staff) Railway Board Rail Bhawan New Delhi
4. Officer in charge, NIC