Central Information Commission
Mr.Bhagwan Singh Chauhan vs Ministry Of Railways on 30 August, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001496
Date of Hearing : August 30, 2011
Date of Decision : August 30, 2011
Parties:
Applicant
Shri Bhagwan Singh Chauhan
Bungalow No.178/L
Railway Bungalow Colony
Near Railway Hospital
Gungapur City
Sawai Madhopur 322 201
The Applicant was not present during the hearing
Respondents
West Central Railway
General Manager's Office
Indira Market
Jabalpur
Represented by : Shri Ajay Srivastava, PIO & DGM
Shri S.D.Patidar, Dy.CPO
NIC Studio, Jabalpur
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001496
ORDER
1. The Present petition dt.30.5.11 emanates from the unsatisfactory response to the Appellant's RTI Application dt.2.3.11 and the absence of any response from the AA. The Appellant had sought information against three points viz. action taken on his letter dt.26.12.10 addressed to General Manager, West Central Railway, whether the promotion issued to him is correct or not and when would the wrong promotion given to him be rectified. The PIO had replied on 21.4.11 enclosing documents indicating that the RTI application has been transferred to DRM(P) Kota for remarks and necessary action. The AA on his part had failed to respond to the first appeal.
2. During the hearing, the Respondents submitted that information sought against points (ii) and (iii) does not fall under the definition of 'information' as defined u/s 2(f) of the RTI Act. With regard to point (i), the Application was transferred to Kota Division on 28.3.11 and after receiving the information from Kota Division, the same was supplied to the Appellant on 13.7.11.
3. The Commission after hearing the submission noted that no further communication has been received from the Appellant after receiving the information dt.13.7.11 and hence assumes that the Appellant is now satisfied with the information. Hence as far as the disclosure part of the information is concerned, the same is closed at the Commission's end.
4. The Commission, however, directs the PIOs of both Jabalpur HQ and Kota Division to show cause separately as to why penalty should not be imposed upon them u/s 20(1) of the RTI Act for the delay in furnishing the information. They are directed to submit their written responses to the Commission by 6.10.11.
4. Complaint to continue.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Bhagwan Singh Chauhan Bungalow No.178/L Railway Bungalow Colony Near Railway Hospital Gungapur City Sawai Madhopur 322 201
2. The Public Information Officer West Central Railway General Manager's Office Indira Market Jabalpur
3. The Appellate Authority West Central Railway General Manager's Office Indira Market Jabalpur
4. Officer in charge, NIC