Central Information Commission
Mr.Ajitendra Deo Gaharana vs Ministry Of Railways on 16 August, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001490
Date of Hearing : August 16, 2011
Date of Decision : August 16, 2011
Parties:
Applicant
Shri Ajitendra Deo Gaharana
H.No.39C, Anupam Nagar Extension
Near Jiwaji University
Gwalior
The Applicant was heard through audio conferencing.
Respondents
The Public Information Officer
North Central Railway
Divisional Railway Manager's Office
Agra Division
Agra
Represented by : Shri Mudit Chandra, PIO & Sr.DPO
Shri Anand Kumar, Sr.DCM
Shri C.M.Sharma, CLA
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001490
ORDER
Background
1. The Applicant filed an RTI application dt.28.9.10 seeking the following information:
i) Reservation chart from Agra to Hyderabad for 21 to 23 July 2009 of AP Express and Southern Express
ii) Reservation chart from Agra to Hyderabad for 4th and 5th June 2010 of AP express and Southern Express.
The PIO replied on 6.10.10 directing the Applicant to deposit the IPO in favour of Sr.DFM, NCR, Agra. In response to Applicant's letter dt.15.10.10, Shri Mudit Chandra, PIO replied on 27.10.10 enclosing the information dt.25.10.10 furnished by Shri Anand Kumar, Sr.DCM including the Commercial Circular No.40 of 2010 issued by Railway Board vide letter dt.31.8.10 according to which Rs.750/ has to be realized per PNR for verifying journey details irrespective of the fact whether it is for LTC verification or otherwise. Not satisfied with the reply, the Applicant filed an appeal dt.12.11.10 with the Appellate Authority. The Appellate Authority replied on 13.12.10 enclosing the information dt.9.12.10 furnished by Shri Anand Kumar, Sr.DCM stating that the Appellant has already been asked to deposit Rs.750/ per PNR vide circular 40/2010. He also quoted the CIC Decision No.CIC/AD/A/2009/001654 dt.16.3.10 in this regard. Being aggrieved with the reply, the Applicant filed a second appeal dt.31.5.11 before CIC stating that since the information was required urgently, the amount of Rs.750/ was sent but instead of giving information the CPIO had asked him to contact CCM(IT)IRCA Building New Delhi and Rs.750/ was returned vide letter dt.21.1.11. The matter was further taken up with the Appellate Authority vide letter dt.31.1.11 and the Sr.DCM vide letter dt.17.2.11 had stated that the records of reservation are retained only for six months and therefore information is not available at Agra and that the records were called for from CCM(IT) vide letter dt.11.2.11 . He added that two information were required by him - one was for more than six months period while the other was less than six months period but none of the information was made available on one or the other ground each time. He further added that the matter was taken up with the Appellate Authority on 28.2.11 and that the Sr.DCM had replied on 15.3.11 stating that information cannot be provided in the absence of name, age, date of journey, PNR No. etc. Decision
2. During the hearing, the Respondents submitted that train reservation charts are retained only for six months. According to them the Appellant has sought two pieces of information (copies of two reservation charts) and that while one had already exceeded six month time limit, the other had exceeded the time limit only at the time of appeal. The Respondents added that at the time of making payment of RTI fees , the Appellant had made a change in his request and had sought specific information about travel of two individuals . They further informed the Commission that on receipt of Rs.750/, a person was deputed to collect the information from the CCM office against point 1 after which the information was furnished by the CCM vide letter dt.11.2.11 which was forwarded to the Appellant on 17.2.11. The Appellant who admitted to having received the information, requested for the missing information against point ii.
3. The Commission on review of the submissions on record and after hearing both sides directs the PIO to provide complete information against point (ii) of the RTI Application free of cost, to the Appellant for reasons explained already (the six month time period had not been crossed at the time the Appellant had sought the information because of which the reply could have easily been provided by photocopying the reservation chart which was still available and provided to the Appellant at Rs.2/
- the Rs.750/ is therefore being waived by the Commission) ) so that it reaches the Appellant by 16.9.11 and the Appellant to submit a compliance report to the Commission by 23.9.11.
4. The Commission also directs the PIO to explain as to why the information sought against point (ii) which was well within the six month retention period was not provided within the mandatory period. He may submit his response to the Commission by 23.9.11.
5. The appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Ajitendra Deo Gaharana H.No.39C, Anupam Nagar Extension Near Jiwaji University Gwalior
2. The Public Information Officer North Central Railway Divisional Railway Manager's Office Agra Division Agra
3. The Appellate Authority North Central Railway Divisional Railway Manager's Office Agra Division Agra
4. 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.