Central Information Commission
Mr.Gauri Shankar Malu vs Ministry Of Railways on 14 March, 2013
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/001688
Date of Hearing : March 14, 2013
Date of Decision : March 14, 2013
Parties:
Applicant
Shri Gori Shankar Maloo
S/o Shri Ramprasad Ji Maloo
Chodhuriyo ka Mohalla
Naraina
Jaipur 303 348
Rajasthan
The Applicant was present during the hearing
Respondents
DFCCIL
Ministry of Railways
5th Floor, Pragati Maidan
Metro Station Building
New Delhi 110 001
Represented by : Shri Rajiv Bhatnagar, DGM/DFCCIL
Shri Mohinder Partap, Consultant
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/001688
ORDER
Background
1. The decision of the Commission in case No.CIC/AD/C/2012/000375 dt.8.6.12 is given below:
2. During the hearing the Respondents from DFCCIL submitted that they have brought the required information to be handed over to the Complainant, during the hearing. At the request of the Complainant who refused to accept the information during the hearing, the Commission, directs the PIO to send the information to the Complainant within two weeks of the date of hearing.
3. The Commission also directs the PIO, DFCCIL to forward a copy of this order to the concerned PIO, Railway Board directing him to show cause as to why penalty should not be imposed upon him for not transferring the RTI Application to the concerned Public Authority within five days of receipt of the RTI Application, thereby obstructing the suly of information to the Appellant. He may submit his response to the Commission by 20.7.12.
4. The Commission also directs the PIO, Railway Board and PIO, DFCCIL to show cause as to why penalty u/s 20(1) should not be imposed upon them for not responding to the RTI Application within the mandatory time period as prescribed in the RTI Act. They may submit their explanations to the Commission by 20.7.12.
2. The Commission received a complaint dt.28.7.12 from the Applicant about noncomplaince of the Commission's order by the PIO.
Decision
3. In response to the show cause notice, the Commission received a letter dt.13.7.12 from Shri Ramesh Kumar, CPIO & Director (L&A), Railway Board stating that the RTI application was received on 16.6.11 and transferred to North Western Railway on 27.6.11. The first appeal was received on 18.8.11 and the same was sent to DFCCIL on 25.8.11. He added that information against points 3 and 4 was furnished by DFCCIL on 25.4.12 and for points 1 and 2 the information was furnished by the Railway Board vide letter dt.7.6.12.
4. The Commission after reviewing the explanation noted that the PIO has not given any reasonable cause for the delay in supply of information by the Railway Board and also that no explanation has been received from PIO DFCCIL to the showcause notice. The Commission, therefore, gives one more opportunity to both Shri Ramesh Kumar, CPIO and Shri Rajiv Bhatnagar, DGM, DFCCIL to show cause as to why penalty should not be imposed upon them for the delay in supply of information. The explanation should reach the Commission within four weeks of receipt of the order. As far as the information part is concerned, the Commission holds that available information has been furnished.
5. The complaint to continue.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G. Subramanian) Deputy Registrar Cc
1. Shri Gori Shankar Maloo S/o Shri Ramprasad Ji Maloo Chodhuriyo ka Mohalla Naraina Jaipur 303 348 Rajasthan
2. The Public Information Officer DFCCIL Ministry of Railways 5th Floor, Pragati Maidan Metro Station Building New Delhi 110 001
3. Officer in charge, NIC