Central Information Commission
Mr.Sarfaraz Ali Khan Niyazi vs Ministry Of Railways on 5 December, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000953
Date of Decision : December 5, 2011
Parties:
Complainant
Mr. Sarfaraz Ali Khan Niyazi
Alam Road, Churi Patti,
Kishanganj - 855 108
Bihar
Respondent
PIO,
O/o DRM
East Central Railway
Katihar - 854 105
Bihar
Information Commissioner(s) : Mrs. Annapurna Dixit
_______________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000953
ORDER
Background
1. The Applicant filed RTI application dated 07.02.2011 seeking information about an RTI application no. C/82/RTI/KIR/236/11/10 dated 07.01.11 whereby another RTI applicant had procured documents related to the applicant without the public official having sought the applicant's consent. The Applicant inquired from the PIO as to whether his consent had been sought and if not, whether it was a violation of the provisions of Section 11 of the RTI Act 2005. This was followed by a First Appeal dated 28.02.2011 by the Applicant stating that information had been sought by him on 31.01.2011, 07.02.2011 and 09.02.2011 and the information related to the life and liberty of the applicant and should have been responded within 48 hours. He complained that though the said period of forty eight hours had elapsed, no information had been received from the public office as yet.
2. Upon non receipt of any response despite the repeated applications as well as the First Appeal, the Applicant was constrained to approach the Central Information Commission with the instant complaint dated 23.04.2011 reiterating his case.
Decision
3. In the facts and circumstances of the case, the Commission finds that the Public Authority viz. the DRM Office, Bihar has shown utter disregard to the provisions of the RTI Act 2005 by not responding to any of the application/s or appeal of the Complainant herein. It is hereby directed that information as sought by the Complainant be provided to him by or within 20.01.2012, failing which appropriate legal recourse shall be adopted by the Commission. The Commission also issues a Show Cause notice seeking explanation from the PIO as to why penal proceedings be not initiated against him for violating provisions of the Act and not responding to the Complainant despite passage of adequate time. Response to the Show Cause notice should also reach the Commission by or within 20.01.2012, failing which the matter will be decided on the basis of documents available on record.
4. The case is disposed on the above terms.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Mr. Sarfaraz Ali Khan Niyazi Alam Road, Churi Patti, Kishanganj - 855 108 Bihar
2. PIO, O/o DRM East Central Railway Katihar - 854 105 Bihar
3. Officer in Charge, NIC