Central Information Commission
Mr.Johney Oberoi vs Ministry Of Railways on 22 August, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/000923
Date of Hearing : August 22, 2012
Date of Decision : August 22, 2012
Parties:
Applicant
Shri Johney Oberoi
A7, Ashok Vihar
PhaseIII
Delhi 110 052
The Applicant was present during the hearing
Respondents
Northern Railway
Divisional Railway Manager's Office
Ambala Division
Ambala Cantt
Represented by : Shri Shamsher Singh, DCM
NIC Studio, Ambala
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/000923
ORDER
Background
1. The Applicant filed an RTI application dt.12.10.11 with the PIO, DRM Office, Northern Railway, Ambala seeking information against three points with regard to open tenders for the following two out agencies:
i) Kullu to be served via Chandigarh
ii) Hamirpur to be served via Chandigarh
The PIO replied on 16.11.11 stating that information pertains to third party and that the same can be supplied only after the same is permitted by third parties subject to payment of Rs.2/ per page. He added that complete proceedings of all the tender committee can not be provided at this stage as they contains vital information of all tenders and will be provided at a later stage on receipt of consent from third parties and the same applies in the case of report of site inspection carried out by investigating officials. Being aggrieved with the reply, the Applicant filed a complaint dt.15.3.12 before CIC.
Decision
2. The Commission on perusal of the submissions on record noted that the Complainant has not exhausted the First Appellate Channel available to him and has approached the Commission directly with a complaint. The Commission therefore, remands this case back to the Appellate Authority with the direction that he treat this complaint as a first appeal and to dispose off the same as per provisions of law by issuing a speaking order after hearing the Complainant. The Complainant, if aggrieved with the order of the Appellate Authority is at liberty to approach the Commission u/s 19(3) of the RTI Act.
3. The complaint is disposed off accordingly.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G. Subramanian) Deputy Registrar Cc
1. Shri Johney Oberoi A7, Ashok Vihar PhaseIII Delhi 110 052 2 The Public Information Officer Northern Railway Divisional Railway Manager's Office Ambala Division Ambala Cantt
3. Officer in charge, NIC