Central Information Commission
Mr.Rajeev Sharma vs Ministry Of Railways on 27 April, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000467
Date of Hearing : April 27, 2011
Date of Decision : April 27, 2011
Parties:
Applicant
Shri Rajeev Sharma
A1130, G.D.Colony
Mayur Vihar
Phase III
Delhi 110 096
The Applicant was present along with his representative Shri Sanjay Bhardwaj..
Respondents
The Public Information Officer
Northern Railway
Headquarters Office
Baroda House
New Delhi
Represented by : Shri K.K.Madan, APIO
Shri R.S.Rawat, APO
Shri D.S.Bhatia, SVO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000467
ORDER
Background
1. The Applicant filed an RTI application dt.29.7.10 with the PIO, Northern Railway HQ, New Delhi seeking information against twenty one points with regard to the selection for the post of Goods guard (Promotion from departmental candidates) and action taken on Shri M.S.Bhullar for the irregularities committed by him in the selection and in the allotment of HOR quota. Shri Sanjay Kumar, PIO/Vigilance replied on 30.8.10 furnishing detailed point wise information. He, however, denied the information against points 8, 13, 14, 15, 16 and 17 u/s 8(1)(h) of the RTI Act. Not satisfied with the reply, the Applicant filed an appeal dt.2.9.10 with the Appellate Authority reiterating his request for information. Shri Sanjay Kumar, PIO/Vigilance vide his letter dt.3.9.10 stated that reply sent on 30.8.10 against point 14 is partially incorrect and informed him that information may be obtained directly from Ferozepur Division. The PIO/Personnel vide his letter dt.13.9.10 stated that against points 3 and 4, no major penalty charge sheet has been issued to Shri M.S.Bhullar. With regard to point 10, he stated that a major penalty charge sheet has been issued to Shri M.S.Bhullar and the case is under consideration and denied the disclosure of documents u/s 8(1)(e) and 8(1)(h) of the RTI Act. With regard to point 21, he stated that a major penalty charge sheet has been issued to Shri M.S.Bhullar and has been finalized. The Appellate Authority vide his order dt.19.11.10 upheld the decision of the PIO and advised the Applicant to approach the Appellate Authorities of Delhi and Ferozepur Division for further information. Being aggrieved with the reply, the Applicant filed a second appeal dt.15.12.10 before CIC.
Decision
2. During the hearing, the Respondent submitted that the matter against Mr. Bhullar is still under investigation and information cannot be disclosed at this stage. With regard to point 15, he however, stated that he will inform the latest position.
3. The Commission after hearing the submissions noted that in case No. CIC/AD/C/2010/000646 dt.27.9.10 in the case of Shri Rajeev Sharma Vs Ferozepur Division the PIO was already directed to provide the copy of the charge sheet issued to Mr. Bhullar as sought by the Appellant, by 27.10.10. However, in respect of the copies of proceedings sought by the Appellant in the instant case, the Commission denies their disclosure u/s 8(1)(h) as the matter is still under investigation and any disclosure would impede the progress of this investigation. The PIO is however directed to inform the latest position against point 15. With regard to point 14, the PIO to seek the assistance of PIO, Ferozepur division u/s 5(4) of the RTI Act and provide the information to the Appellant by 27.5.11 and the Appellant to submit a compliance report to the Commission by 3.6.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Rajeev Sharma A1130, G.D.Colony Mayur Vihar Phase III Delhi 110 096
2. The Public Information Officer Northern Railway Headquarters Office Baroda House New Delhi
3. The Appellate Authority Northern Railway Headquarters Office Baroda House New Delhi
4. Officer in charge, NIC