Central Information Commission
Mr.Samir Das vs Ministry Of Railways on 11 January, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/001761
Date of Hearing : January 11, 2012
Date of Decision : January 11, 2012
Parties:
Applicant
Shri. Samir Das
H.No.20705
Street No.26/5
Ajit Road
Bhatinda 151 001
The Applicant was present during the hearing
Respondents
Northern Railway
Divisional Railway Manager's Office
Ambala Cantt
Ambala
Represented by : Shri. Gian Mehta, APO
Shri. Itwari Singh, ADSTE
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/001761
ORDER
Background
1. The Applicant filed an RTI Application dt.11.7.11 with the PIO, Ministry of Railways. He sought information against six points about one Shri. Dev Parshad Roy, who had retired as S.M. Signal from Northern Railway Ambala Cantt including attested copies of Shri Roy's service details, attendance, pay roll, salary scale etc. Shri. Pradeep Kumar, PIO, Ambala Cantt to whom the RTI application was transferred, replied on 26.8.11 enclosing the point wise information furnished by the concerned officer. Being aggrieved with the reply, the Applicant filed a complaint dt.29.9.11 before CIC stating that there was a delay in providing the reply and requesting the Commission to direct the PIO to provide complete information.
Decision
2. As far as the information is concerned, the Commission noted that the Complainant had not exhausted the First Appellate channel to obtain information, and has approached the Commission directly with a complaint. The case is therefore being remanded back to the Appellate Authority with the direction that he treat the complaint as a first appeal and pass a speaking order, after hearing the Complainant, within the mandatory time period. The Complainant is at liberty to approach the Commission with an appeal in case he is not satisfied with the order of the Appellate Authority.
3. With regard to the delay in responding to the RTI Application, the Commission noted that the RTI Application was received by PIO Ambala Cantt on 3.8.11 from the PIO Ministry of Railways and that the response was given by PIO Ambala Cantt on 26.8.11 ie, within one month of receipt of RTI application by PIO Ambala Cantt. The Commission, therefore, is of the opinion that there is no delay in providing the information and accordingly sets aside the complaint regarding the delay in furnishing of information..
4. The complaint is accordingly disposed off and the case directed to be closed.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri. Samir Das H.No.20705 Street No.26/5 Ajit Road Bhatinda 151 001
2. The Public Information Officer Northern Railway Divisional Railway Manager's Office Ambala Cantt Ambala
3. The Appellate Authority (along with entire case file) Northern Railway Divisional Railway Manager's Office Ambala Cantt Ambala
4. Officer in charge, NIC