Central Information Commission
Mr.Mohanlal Mittal vs Ministry Of Railways on 23 November, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/00874
Date of Hearing : November 23, 2011
Date of Decision : November 23, 2011
Parties:
Applicant
Shri Mohan Lal Mittal
S/o Shri Tekchand Mittal
103/4, Near Leela Bhawan
Birbal Nagar
Narvana
Jind 126116.
Applicant heard through Audio.
Respondent(s)
Railway Board
Rail Bhawan
Raisina Road
New Delhi.
Representative : Not present.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000874
ORDER
Background
1. The RTI Application dated 5.1.11 was filed by the Applicant with the PIO, Railway Board, Rail Bhawan, New Delhi. He stated that ticket checking had been done by the STE on 15.1.99 at the Rohtak Railway Station in the court of the Special Railway Magistrate Shri Randhir Singh and sought information in this connection against four points. The PIO replied on 11.1.11 informing the Applicant that the IPO sent by him was in the name of the wrong payee. On payment of the IPO in the name of the correct payee the Railway Board transferred the RTI application to the Northern Railway, HQ Office, Baroda House, New Delhi on 8.2.11. This application was further transferred to the PIO, Northern Railway, Divisional Materials Manager, DRM Office, New Delhi and also to the Sr.DCM, Northern Railway, New Delhi. Meanwhile on not receiving any information the Applicant filed a complaint dated 15.4.11 with the Commission requesting for the information.
Decision.
2. The Commission received a rejoinder from Shri V K Samuel, PIO, Railway Board in which he stated that the RTI Application was received in his office on 10.1.11 and that it was transferred to the PIO, Northern Railway, Baroda House, New Delhi on 8.2.11. He also stated that the hearing notice issued has not been received in his office. He and that the PIO, Northern Railway, Baroda House is the appropriate Public Authority in this case.
3. The Commission adjudicated the matter in the absence of the Respondents. The Appellant informed the Commission that he has not received any response from the PIO till date. On perusal of submissions on record the Commission noted that the custodian of the information is Sr.DCM, DRM Office, New Delhi and that the RTI application has been transferred to him by the Sr.Divisional Materials Manager, Northern Railway, New Delhi vide his letter dated 12.3.11 and also that the Sr.DCM, Northern Railway, New Delhi has not provided any information to the Applicant.
4. The Commission therefore directs the Sr. DCM, Northern Railway, New Delhi to provide the required information directly to the Appellant by 20th December 2011 and also to show cause as to why a penalty should not be imposed upon him for not providing the information against the transferred RTI Application within the mandatory time period, to the Applicant. The explanation should reach the Commission by 20th December 2011.
5. The appeal is accordingly disposed of, (Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar
1. Shri Mohan Lal Mittal S/o Shri Tekchand Mittal 103/4, Near Leela Bhawan Birbal Nagar Narvana Jind 126116.
2. The Public Information Officer Sr.DCM DRM Office Northern Railway State Entry Road New Delhi.
3. Officer Incharge, NIC.
In case, the Commission's above directives have not been complied with by the Respondents, the Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTI Act, giving (1) copy of RTI application, (2) copy of PIO's reply, (3) copy of the decision of the first Appellant Authority, (4) copy of the Commission's decision, and (5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant may indicate what information has not been provided.