Central Information Commission
Mr.Mohanlal Mittal vs Ministry Of Railways on 4 April, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000382
Date of Hearing : April 4, 2012.
Date of Decision : April 4, 2012.
Parties:
Applicant
Shri MohanLal Mittal
S/o Shri Tek Chand Mittal
H.No. 103, ward No. 4
Near Leela Bhawan. Birbal Nagar
Narwana, Jind - 126116.
Applicant was heard through Audio.
Respondent(s)
Sr.DCM,
DRM Office
Northern Railway
State Entry Road
New Delhi.
Representative : Shri Premchand Tirkey
Shri N N Kalia.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/000382
ORDER
Background
1. This petition eminates from the decision given by the Commission on 23.11.11 in case No. CIC/AD/C/2011/00874. The operative part of the decision is given below:
"The Commission adjudicated the matter in the absence of the Respondents. The Appellant informed the Commission that he has not received any response from the PIO. On perusal of submissions on record the Commission noted that the custodian of the information is Sr.DCM, DRM Office, New Delhi and that the RTI Application has been transferred to him by the Sr.Divl.Materials Manager, Northern Railway, New Delhi vide his letter dated 12.3.11 and also that the Sr.DCM, Northern Railway, New Delhi has not provided any information to the Applicant. The Commission therefore directs the Sr.DCM, Northern Railway, new Delhi to provide the required information directly th to the Appellant by 20 December 2011 and also to show cause as to why a penalty should not be imposed upon him for not providing the information against the transferred RTI Application within the mandatory time period, to the Applicant. The explanation should reach the Commission by 20.12.2011."
2. The Commission received a complaint from the Appellant bout the non compliance with the Commission's order by the PIO by the stipulated date. Decision
3. The Respondent submitted during the hearing that the order of the Commission was not received by them and hence they could not comply with the same. The Respondent added that they came to know about the Commission's order only when the hearing notice was sent along with a copy of the earlier order. In the light of the Respondent's submission, the Commission therefore, directs the PIO/Sr.DCM, DRM Office, Northern Railway to now provide complete information to the Appellant by 5th May, 2012.
4. The PIO/Sr.DEM, DRM Office, Northern Railway, New Delhi also to show cause as to why a penalty should not be imposed upon him for not complying with the Commission' s order within the mandatory period, thereby obstructing the supply of information to the Appellant. Returnable by 10 May, 2012.
5. The appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri MohanLal Mittal S/o Shri Tek Chand Mittal H.No. 103, ward No. 4 Near Leela Bhawan. Birbal Nagar Narwana, Jind - 126116.
2. The Public Information Officer Sr.DCM, DRM Office Northern Railway State Entry Road New Delhi.
3. The Appellate Authority Sr.DCM, DRM Office Northern Railway State Entry Road New Delhi.
4. Officer In charge, NIC.