Central Information Commission
Mr.Jaikant Jha vs Ministry Of Railways on 14 June, 2012
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2012/001275
Date of Hearing : June 14, 2012
Date of Decision : June 14, 2012
Parties:
Appellant
Shri Jaikant Jha
Gram - Sanha Purab Tola
Post Sanha, Via Sahebpur Kamal
Distt. Begusarai 851219
Bihar
The Appellant was heard through audio conference.
Respondents
Ministry of Railways
Railway Board
Rail Bhavan
New Delhi
Represented by: Shri Gopal Gupta, IG/RPSF, Shri Rattan Chand, DIG/RPSF, Ms. Sheela
Verma, Director/ABE and Shri Janardan Ojha, DD/ABE
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2012/001275
ORDER
Background
1. The Applicant filed his RTIapplication (dated 30.07.2011) with the PIO, RPSF, Railway Board, New Delhi seeking certain information about the processing and the outcome of an application filed with the public authority for effecting a mutual transfer between Kumar Amardep and Shri Shivram Teran. The PIO on 30.09.2011 informed the Applicant that the said mutual transfer application has been submitted to the competent authority for decision, which would be taken in the month of March, 2012. The Applicant, being dissatisfied with the reply, filed his first appeal with the Appellate Authority on 17.10.2011. The Appellate Authority through his order dated 30.11.2011, while reiterating the reply of the PIO, also informed the Appellant that mutual transfers are done only from one zone to another and not from one battalion to another. He also provided to the Appellant a copy of relevant rule (Standing order 102; March, 2010) in this regard. The Appellant, thereafter, still dissatisfied, filed the present petition before the Commission on 21.01.2012.
Decision
2. During the hearing, the Appellant alleged that information given to him is false. He, however, did not mention why he believes so. The Respondents, on their part, maintained that they have communicated the factual information to the Appellant along with a copy of relevant Rule. The Appellant, however, denied receipt of relevant Rule.
3. In view of the above, it is directed that the PIO should once again furnish a copy of the rule (para 1) to the Appellant highlighting the clause which deals with his present enquiry. Time - within 2 weeks of receipt of this order.
4. Appeal is disposed off with the above direction.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Jaikant Jha Gram - Sanha Purab Tola Post Sanha, Via Sahebpur Kamal Distt. Begusarai 851219 Bihar
2. Public Information Officer91 & DIG/RPSF Ministry of Railways Railway Board Rail Bhavan New Delhi
3. Officer incharge, NIC Note: In case, the Commission's above directives have not been complied with by the Respondents, the Appellant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTIapplication, (2) copy of PIO's reply, (3) copy of the decision of the first Appellate Authority, (4) copy of the Commission's decision, and (5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant may indicate, what information has not been provided.