Central Information Commission
Mr.Mohd Naseem Hashmi vs Ministry Of Railways on 11 October, 2010
Central Information Commission
CIC/AD/A/2010/001182
Dated October 11, 2010
Name of the Applicant : Shri Mohd. Naseem Hashmi
Name of the Public Authority : M/o Railways
Background
1. The Applicant filed an RTI application dt.15.3.10 with the CPIO, Ministry of Railways. He stated that he had appeared in the Exam of SI in RPF/RPSF held on 20.4.08 at Delhi and that under the RTI Act, he had been provided the answer sheet and answer key of the above said exam. However without the question booklet the answer book is useless He requested for a copy of the question booklet. Shri Shivdan Singh, CPIOII replied on 8.4.10 enclosing the following information furnished by Dr.S.N.Pandey, Director/RPF.
According to application of the applicant dt.21.7.09 and as per CIC's decision dt.21.12.09, the Appellant reported in the office of IG/RPSF, Railway Board, New Delhi on 21.1.10 and inspected the required document i.e. question paper, OMR sheet and key answer with regard to SI recruitment in RPF/RPSF. Further, Appellant again submitted an application dt.22.1.10 demanding question paper and answer booklet on which CIC directed to hand over answer key and answer sheet only vide CIC L/No.CIC/AD/A/2009/001492 dated 18.2.10. OMR sheet and answer key have been handed over to the Dy. Registrar, CIC, New Delhi vide L/No.2007/IGRPSF/RTI/SIRect/209 dated 3/4 .02.1010. Application demanding answer booklet, question paper has been taken cognizance of by the CIC and CIC has ordered to hand over only OMR sheet and answer key. Matter has been decided by CIC in which he was earlier allowed to inspect question paper, OMR sheet and key answer and later on as per CIC's direction Answer key & OMR answer sheet have also been handed over. Further, the applicant is allowed to inspect the question booklet once again on any working day.
2. Not satisfied with the reply, the Applicant filed an appeal dt.18.4.10 with the Appellate Authority. Shri P.K.Sharma, Appellate Authority replied on 21.5.10 enclosing the following response furnished by Dr.S.N.Pandey, Director/RPF:
Application demanding Exam. Question paper has been taken cognizance of by the CIC and CIC has ordered to hand over only OMR sheet and answer key. Matter has been decided by CIC in which he was earlier allowed to inspect question paper, OMR sheet and key answer and later on as per CIC's direction Answer key and OMR answer sheet have also been handed over. Further the applicant is allowed to inspect the question booklet once again on any working day. Being aggrieved with the reply, Applicant filed a second appeal dt.28.6.10 before CIC.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on October 11, 2010.
4. Shri Gopal Gupta, IG/RPSF, Shri M.K.Soam, Inspector and Shri R.Suresh, Sub Group the Public Authority.
5. The Appellant was present during the hearing..
Decision
6. The Respondents submitted that the examination was conducted by Railway Recruitment Board, Secunderabad and as such it is for the RRB to decide whether to provide the question booklet or not.
7. The Commission after hearing the submission by the Respondent directs the PIO to transfer the RTI application to PIO, RRB, Secunderabad and PIO, RRB, Secunderabad to respond to the RTI application directly to the Appellant so that the response reaches by 15.11.10. The Appellant to submit a compliance report to the Commission by 18.11.10. The PIO, Ministry of Railways is directed to forward a copy of this order to PIO, RRB, Secunderabad.
7. The appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri Mohd. Naseem Hashmi Village - Bharandua Post - Chenari Rohtas 821 104 Bihar
2. The PIO Ministry of Railways CPIOII, Railway Board Rail Bhawan New Delhi
3. The Appellate Authority Ministry of Railways O/o Advisor (Staff), Railway Board Rail Bhawan New Delhi
4. Officer incharge, NIC