Central Information Commission
Mr.Samrendra Vikramsingh vs Ministry Of Railways on 30 November, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/002235
Date of Hearing : November 30, 2011
Date of Decision : November 30, 2011
Parties:
Applicant
Shri. Samarendra Vikram Singh
H.No.C/130
1B, Near Bhartiya Vidya Mandir
Geeta Vatika, Shahpur
Gorakhpur 273 012
The Applicant was present at NIC Studio, Gorakhpur
Respondents
North Eastern Railway
General Manager's Office
Gorakhpur 273 012
Represented by : Shri. V.K.Gupta, CPIO & DGM(G)
NIC Studio, Gorakhpur
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/002235
ORDER
Background
1. The Applicant filed an RTI Application dt.16.6.11 with the PIO, North Eastern Railway, Gorakhpur.
He sought complete noting portion of the file relating to 'Supplying, stacking and loading into MG/BG hoppers...........in connection with GorakhpurGonda(loop) gauge conversion project' . Shri. P.P.Verma, APIO replied on 5.7.11 stating that since the concerned file is under investigation information cannot be provided u/s 8(1)(h) of the RTI Act. Not satisfied with the reply, the Applicant filed an appeal dt.18.7.11(Copy not enclosed) with the Appellate Authority reiterating his request for the information. Shri. R.P.Nibaria, Appellate Authority replied on 26.7.11 reiterating that the concerned file is under investigation and hence information cabnnot be supplied u/s 8(1)(h) of the RTI Act. Being aggrieved with the reply, the Applicant filed a second appeal dt.16.8.11 before CIC. Decision
2. During the hearing, the Respondent submitted that the concerned file has been lost and an FIR has already been lodged with the police on 16.7.11. The Appellant however wanted to know as to why if the FIR was lodged on 16.7.11, the PIO in his reply dated 25.7.11, instead of informing him about the loss of his file has denied him the information u/s 8(1)(h) of the RTI Act. The Appellant also stated that he is aware of the FIR having been lodged since he had received this information from the concerned police station.
3. The Commission accordingly directs the PIO to showcause as to why penalty should not be imposed upon him for seemingly deliberately misleading the Appellant with the wrong information. He is directed to submit his explanation to the Commission with a copy to the Appellant by 6.1.12.
4. The Commission ordered accordingly.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri. Samarendra Vikram Singh H.No.C/130 1B, Near Bhartiya Vidya Mandir Geeta Vatika, Shahpur Gorakhpur 273 012
2. The Public Information Officer North Eastern Railway General Manager's Office Gorakhpur 273 012
3. The Appellate Authority North Eastern Railway General Manager's Office Gorakhpur 273 012
4. Officer in charge, NIC Note: 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 RTIAct, giving (1) copy of RTIapplication, (2) copy of the Commission's decision, and (3) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what information has not been provided.