Central Information Commission
Mr.Lalit Pradhan vs Ministry Of Railways on 19 March, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000247
Date of Hearing : March 19, 2012
Date of Decision : March 19, 2012
Parties:
Applicant
Shri. Lalit Pradhan
H.No.16, Sector 23
HUDA
Bhiwani
Haryana
The Applicant was present at NIC Studio, Bhiwani
Respondents
Northern Railway
Divisional Railway Manager's Office
Ambala Division
Ambala Cantt.
Represented by : Shri. Jasbir Singh, DPO
NIC Studio, Ambala
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000247
ORDER
Background
1. The Applicant filed an RTI Application dt.10.5.11 with the PIO, Northern Railway, DRM Office, Ambala seeking information against three points including the list of casual labourers with their names, father's name, number of days worked during 1.1.1983 to 31.12.1983. The PIO replied on 20.6.11 stating that information sought is not available as the Ambala Division was formed only in July 1987 and prior to that it was part of Delhi Division. He also stated that as per section 2j of the RTI Act, only information as held by or under the control of any public authority can constitute right to information for which a citizen can claim access. This cannot be construed to demand creation of information. Not satisfied with the reply, the Applicant filed an appeal dt.5.7.11 with the Appellate Authority reiterating his request for the information. On not receiving any reply from the Appellate Authority , the Applicant filed a second appeal dt.31.10.11 before CIC. Decision
2. During the hearing, the Respondent submitted that the Appellate Authority had disposed off the appeal vide his order dt.5.8.11 upholding the decision of the PIO. The Respondent further stated that after receiving the hearing notice, the RTI application was transferred to the PIO Delhi Division on 13.3.12 to provide information, if available with them, directly to the Appellant. The Respondent further added that if the Appellant is able to furnish specific names, they might be able to trace the relevant records of those people. The Appellant on his part insisted on being provided with a complete list of casual labourers.
3. The Commission after hearing both sides, directs the PIO to forward a copy of this order to the Delhi Division along with a copy of the RTI application once again directing the PIO, Delhi Division to furnish an appropriate response to the Appellant by 20.4.12.
4. The appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri. Lalit Pradhan H.No.16, Sector 23 HUDA Bhiwani Haryana
2. The Public Information Officer Northern Railway Divisional Railway Manager's Office Ambala Division Ambala Cantt.
3. 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.