Central Information Commission
Mr.S K Arya vs Ministry Of Railways on 20 March, 2012
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2012/000193
Date of Hearing : March 20, 2012
Date of Decision : March 20, 2012
Parties:
Appellant (Heard through videoconference)
Shri S.K. Arya
IRSEE, Duplex Bunglow
1447, Opp, Golf Ground
Railway Colony, Hubli 580023
The Appellant was represented by Shri Durga Prasad.
Respondents
Ministry of Railways
Railway Board
Rail Bhavan
New Delhi
Represented by: Shri V. Rajagopal, Dy. Secretary
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000193
ORDER
Background
1. The Applicant filed his RTIapplication (dated 09.08.2011) with the PIO, Railway Board, New Delhi seeking certain information in respect of his various representations to the public authority regarding APAR; empanelment to the post of GM and equivalent; revision/supersession of DoPT OM Dated 14.05.2009; copies of note sheet and correspondences regarding the decision dated 28.06.2011 etc. The PIO on 05.09.2011 forwarded the pointwise information to the Appellant which he had received from the Director (c) and Dy. Secy (confdl.). The Applicant, however, being aggrieved with the information supplied to him by said two officers, filed his first appeal with the Appellate Authority on 06.09.2011 which the Appellate Authority had apparently not decided. The Appellant, thereafter, filed the present petition (dated 31.10.2011) before the Commission pointing out the deficiencies which he believed to be there in the information furnished to him.
Decision
2. During the hearing, the Appellant's representative, Shri Durga Prasad stated that the Appellant has not been given information in respect of item nos. 1b, 1c, 1d, 1f, 1i, 2 & 4 of his RTIapplication. These items were accordingly discussed as given below:
Item Nos. 1b & 1c:
3. The Respondents stated that the representations (dated 20.03.2010 and 07.08.2010) the Appellant here is talking about have not been considered by the public authority. As such, no remark/noting etc. in this connection is present in their records.
Since the information is not present in the Respondents' records, no disclosure can be authorized. Item Nos. 1d, 1e & 1f:
4. The Appellant here wants to obtain copies of note sheet, correspondences etc. with regard to his representations dated 06.06.2011 and 07.06.2011, and about the empanelment to the post of GM and equivalent for the year 201112.
After examining the Appellant's demand here and on hearing the submissions of both sides, it is decided to allow the Appellant to inspect complete records dealing with the subject matter of the present queries. It is accordingly directed that the PIO, on a day, time and place to be identified for the purpose and intimated to the Appellant in advance, shall allow the Appellant to inspect complete records corresponding to these items of queries. Following the inspection, the Appellant shall be entitled to receive attested copies of documents, which he might select from the inspected records. This is to be completed by 30.04.2012 Item Nos. 2:
5. This query has been properly answered by the PIO. No further disclosure is, therefore, needed. Item Nos. 4:
6. The Appellant here asked for copy of noting, endorsement and linked pages for formation/approval of panel for General Managers of Indian Railway for vacancies of the year 201011. The Respondents stated that they initially could not provide this information to the Appellant since at that point of time the selection process was current. However, according to them, they have since completed the selection process. I see no reason to allow this information to be withheld after completion of the selection process. The PIO is accordingly directed to supply this information to the Appellant by 25.04.2012.
7. Appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri S.K. Arya IRSEE, Duplex Bunglow 1447, Opp, Golf Ground Railway Colony, Hubli 580023
2. Appellate Authority Ministry of Railways Railway Board Room No. 5, Rail Bhavan New Delhi
3. Public Information Officer Dy. Secretary (Confdl.) Ministry of Railways Railway Board Rail Bhavan New Delhi
4. Officer incharge, NIC Note: In case, the Commission's above directives have not been complied with by the Respondents, the Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTIapplication, (2) copy of PIO's reply, (3) copy of the decision of the first Appellate Authority, (4) copy of the Commission's decision, and (5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Complainant may indicate, what information has not been provided.