Central Information Commission
Mr.Sobodh Kumar vs Ministry Of Railways on 8 August, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001315
Date of Hearing : August 8, 2011
Date of Decision : August 8, 2011
Parties:
Applicant
Shri Subodh Kumar
Sr. Section Engineer/Drawing/sanket,
Signal & Telecom Deptt,
East Central Railway
Samastipur.
Applicant was present.
Respondent(s)
East Central Railway
Divisional Railway Manager's Office
Samastipur Division
Samastipur - 848101.
Represented by : Shri Gopal Mandal, APIO, EC Rly, Samastipur
Shri R B Paswam
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001315
ORDER
Background
1. The RTI Application dated 18.11.2010 was filed by the Applicant with the PIO, DRM Office, Samastipur seeking information on action taken on his representation dated 7.5.10 with regard to his pay fixation including the reasons for the delay in fixing the pay and also seeking copies of file notings and of other communication in this regard. The PIO replied on 5.1.11 providing point wise information and enclosing some documents. Not satisfied with this reply the Applicant filed his first appeal on 24.1.11 to which the Appellate Authority replied on 2.3.11 informing the Applicant that his pay fixation has been done and that the Applicant had been already informed about it on 10.12.2010. Still not satisfied, the Applicant filed his second appeal before the Commission seeking information against points 1,2 and 8 of his RTI Application.
Decision.
2. After hearing both sides the Commission decided as follows :
Point 1 & 2 : The information on action taken on the representation dated 7.5.10 (as also reasons for delay in pay fixation), till the time the Appellant had filed his RTI Application on 18.11.2010 to be provided to the Appellant including copies of all file notings, copies of any communication etc. If no action has been taken during this period the Appellant to be informed about this categorically. Point 8 : The Appellant may also allowed to inspect the relevant file dealing with his application and be provided with copies of documents identified by him, 50 pages free of cost and at the rate of Rs.2/ per page for pages beyond that number.
3. The PIO to also showcause as to why a penalty of Rs.250/ per day should not be imposed upon him for not responding to the RTI application within the mandatory period. The response to reach the Commission by 10.9.11.
3. The Appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registra 1 Shri Subodh Kumar Sr. Section Engineer/Drawing/sanket, Signal & Telecom Deptt, East Central Railway Samastipur.
2. East Central Railway Divisional Railway Manager's Office Samastipur Division Samastipur - 848101.
3. The Appellate Authority Divisional Railway Manager's Office Samastipur Division Samastipur - 848101.
4. Officer Incharge, NIC.s .
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 RTI Act, giving (1) copy of RTI application, (2) copy of PIO's reply, (3) copy of the decision of the first Appellant 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/Complainant may indicate, what information has not been provided