Central Information Commission
Mr.K R Barmecha vs Ministry Of Railways on 7 September, 2010
Central Information Commission
CIC/AD/A/2010/001117
Dated September 7, 2010
Name of the Applicant : Shri K.R.Barmecha
Name of the Public Authority : Western Railway, Mumbai
Background
1. The Applicant filed an RTI application dt.19.2.10 with the CPIO, Western Railway HQ, Mumbai seeking the following information:
i) Certified copies of complaints lodged with W.Rly. Admn addressed to G.M, SDGM, CCM and other HQ officers against the Applicant made during the year 2007 to 2010 by the following persons viz Shri Ramesh Mishra and Shri Sharavan Yadav
ii) Copies of complaints lodged with the above officers against commercial officers posted at Ratlam during 2007 to 2010 by the above named complainants.
Shri Aditya Kumar, CPIO replied on 22.3.10 enclosing the following point wise information furnished by Shri C.M.Gupta vide his note dt.19.3.10
i) As per records available, no complaint against Shri K.R.Barmecha, the then CPSRTM made by Shri Ramesh Mishra or Shri Y.Sharavan Yadav was received in the Vigilance Office, W.Railway HQ during the period 2007 to 2010.
ii) As per section 8(1)(g) of RTI Act, 2005, the desired information cannot be provided. Not satisfied with the reply, Applicant filed an appeal dt.28.3.10 with the Appellate Authority. Shri S.K.Sharma, Appellate Authority replied on 5.5.10. He stated that he had got the issue further examined by the respective PIOs and that it is confirmed that no such complaint against the Applicant has been lodged. However, he enclosed the remarks received from respective PIOs. Being aggrieved with the reply, the Applicant filed a second appeal dt.2.6.10 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for September 7, 2010 through video conferencing.
3. Shri C.M.Gupta, PIO & Dy. CVO(E), Shri S.B.Mashale, APIO, Shri A.B.Goutham, AVO(Traffic) and Shri Ramji OM, Dy. CVO (Accounts) represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Commission after reviewing the information provided noted that no complaint has been lodged with the Public Authority against the Appellant. With regard to point (ii) the Commission denies the information u/s 8(1)(g) as the disclosure would endanger the life or physical safety of the Complainants.
6. The appeal is accordingly disposed of and the case closed at Commission's end.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri K.R.Barmecha H.No.23, Shanti Nagar Malikunwa Harmala Road Ratlam 457 001
2. The PIO Western Railway General Manager's Office Churchgate Mumbai 400 020
3. The Appellate Authority Western Railway General Manager's Office Churchgate Mumbai 400 020
4. Officer incharge, NIC