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Central Information Commission

Shri Shashi Bhushan Sharma vs East Central Railway, Samastipur on 9 March, 2010

                   Central Information Commission
                                                    CIC/OP/A/2009/000029-AD
                                                           Dated March 9, 2010

Name of the Applicant                  :   Shri Shashi Bhushan Sharma

Name of the Public Authority           :   East Central Railway, Samastipur


                      Adjunct to CIC Decision dt.17.12.09


Background

1. The decision in the captioned Order is as follows:

The Commission observed that due to late receipt of hearing notice, respondents were unable to provide any valuable assistance to decide the case as they were not prepared with details and their explanation for the delay. In view of these circumstances the Commission directs the PIO to provide complete information as per the RTI application by 20.1.2010 and to submit his written explanation in person for the delay in providing information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on March 9, 2010.

3. Shri R.D.Maurya, PIO and Shri Pradeep Kumar, OS(M) represented the Public Authority.

Decision

4. The Commission received an explanation to the show cause notice issued by the Commission from Shri R.D.Maurya, PIO. In the explanation dt.22.2.10 the Respondent submitted that the RTI application was received on 7.1.08 and on 8.1.08, the application was transferred to Sr.DPO for the information who in turn transferred the application to the Commercial Department. The Asst. Commercial Manager, Samastipur replied on 23.4.08 providing information against 5 points and for the remaining points, the RTI application was forwarded to the Personnel Department. The Applicant was informed on 13.5.08 to deposit Rs.64/- towards documentation charges whereas the Appellant vide his appeal dt.25.6.08 requested that complete information be provided at one time. The Appellant was then reminded to deposit the fees vide letter dt.6.1.10 and on receipt of necessary fees, the information was provided on 13.1.10. Shri Maurya also produced before the Commission during the hearing a letter from the Appellant expressing his satisfaction with the information. In response to the Commission's query regarding the delay in furnishing oof information the Respondent explained that information was given in stages and that delay was also caused due to several transfers of the RTI application. Also being the early years of implementation of the RTI Act, the staff was not trained on handling of RTI applications. .

5. In view of the fact that the Appellant is satisfied with the information also taking note of the explanation provided by the Respondent, the Commission condones the delay in furnishing of information this case and drops the penalty proceedings against the PIO. .

(Annapurna Dixit) Information Commissioner Authenticated true copy:

(G.Subramanian) Deputy Registrar Cc:
1. Shri Shashi Bhushan Sharma Railway Qtr. No.476/C Road No.17 Gulf Field Railway Colony Samastipur 848 101
2. The PIO East Central Railway O/o Sr.DME (C&W) Samastipur 848 101
3. Officer incharge, NIC
4. Press E Group, CIC