Central Information Commission
Mr.Ashwani Kumar vs Ministry Of Railways on 12 September, 2012
In the Central Information Commission
at
New Delhi
File No. CIC/AD/C/2012/000998
Date of Hearing : September 12, 2012
Date of Decision : September 12, 2012
Parties:
Appellant
Shri Ashwani Kumar
F178/F2, Dilshad Colony
Delhi 110095
The Appellant was present.
Respondents
Railway Board
Office of the DD (PG)
Rail Bhavan
New Delhi
Represented by: Shri Rakesh Kumar, APIO.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No. CIC/AD/C/2012/000998
ORDER
Background
1. The present petition (dated 31.03.2012) has been filed by the Appellant, Shri Ashwani Kumar against deemed refusal of his RTIpetitions (i.e. RTIapplication dated 31.12.2011 and first appeal dated 18.02.2012) by the PIO, Railway Board, New Delhi and by the Appellate Authority, Railway Board, New Delhi respectively. The information sought by the Appellant through his said RTIapplication was as follows:
"the certified copy of action taken if any & its subsequent outcome report vide our petition no...... dt.
22.10.2011 by speed post addressed to CRB, Railway Board, new Delhi from the O/o CRB, Railway Board, New Delhi"
This above petition dated 22.10.2011 had following subject:
"proof of high headedness of the concerned APOcumPIO ASR.NR to moulde the rules for his own shop of corruption & disloyalty to Govt. of India."
Decision
2. During the hearing, the Respondents stated that they had transferred the Appellant's RTIapplication to the PIO Northern Railway, New Delhi for response as the subject matter of the application pertained to them. They also mentioned that the office of the Chairman, Railway Board, on being consulted by them, had denied receipt of the letter dated 22.10.2011, which the Appellant has mentioned in his RTI application. The Appellant stated that he has not received any reply from the Northern Railway. He also denied receipt of transfer letter from the Railway Board.
3. Since the Appellant has not received any reply from the PIO, Northern Railway, New Delhi, to whom his RTIapplication was transferred by the PIO, Railway Board, it is directed that the PIO, Northern Railway shall furnish a reply to the Appellant within 1 week of receipt of this order.. He shall also show cause as to why he has not responded to said applications.
4. In case, no action has been taken on letter dated 22.10.2011, it is recommended that this letter be placed before the competent authority for a decision, which may be communicated to the Appellant preferably be mid October, 2012.
5. The APIO, Railway Board, Shri Rakesh Kumar, present during the hearing, is also directed to serve this order along with necessary documents to the PIO, Northern Railway, New Delhi for compliance.
6. Appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner September 12, 2012 Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Ashwani Kumar F178/F2, Dilshad Colony Delhi 110095
2. Public Information Officer Office of the DD (PG) Railway Board Rail Bhavan New Delhi
3. Officer incharge, NIC