Central Information Commission
Mr.Jitendra Kumar Mandal vs Ministry Of Railways on 29 June, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000740
Date of Hearing : June 29, 2011
Date of Decision : June 29, 2011
Parties:
Appellant
Shri Jitendra Kumar Mandal
Bogari Bari, Ward No. 18,
PO Alipurduar, Jalpaiguri 736 121
The Appellant was present.
Respondents
Northeast Frontier Railway
Office of Divisional Railway Manager (C),
Alipurduar Junction,
Jalpaiguri
Represented by: Shri A. Sarkar, PIO and Md. Saleem, DPO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000740
ORDER
Background
1. The Applicant, through his RTIapplication dated 16.08.2010, filed with the PIO, Northeast Frontier Railway, Jalpaiguri, sought certain information (such as caste, permanent address, family declaration form etc.) about one Shri Surajbali, who, according to him, died on 01.03.1993. The PIO, on 22.09.2010, forwarded the available information--supplied by Sr DPO-- to the Applicant. With regard to unavailable information, the PIO informed the Applicant that the same might have been destroyed as a result of devastating flood which had occurred on 20.07.1993. The Applicant, however, being aggrieved with the PIO's reply, filed his 1stappeal with the Appellate Authority (AA) on 04.11.2010. The AA, in his decision dated 15.12.2010, examined each item of the Appellant's RTI request and gave pointwise clarification to him. The AA also noted that the information sought is exempt under Section 81)(j) of the RTIAct as it belongs to the 3rdparty. The Appellant, thereafter, filed the present appeal before the Commission on 17.01.2011 challenging the decision of the AA. Decision
2. Heard submissions.
3. It is noted that despite the fact that they had declared the information as belonging to a third party, both the PIO and the AA have given required clarification as well as available information to the Appellant and that what they did not provide was on account of nonavailability of the records, which, according to them, might have been destroyed in the floods which occurred in the year 1993.
4. It is clear from the AA's reply that information related to caste etc, of the departed employee is not available with the Public Authority. Hence what is not available cannot be authorized to be disclosed. As for the nominations declared by the late employee in his service record, the same is exempted from disclosure as it is personal information, the disclosure of which has no relationship with any public activity or interest.
5. The appeal is disallowed.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Jitendra Kumar Mandal Bogari Bari, Ward No. 18, PO Alipurduar, Jalpaiguri 736 121
2. The Appellate Authority Northeast Frontier Railway Office of Divisional Railway Manager (C), Alipurduar Junction, Jalpaiguri
3. The Public Information Officer Northeast Frontier Railway Office of Divisional Railway Manager (C), Alipurduar Junction, Jalpaiguri
4. Officer in charge, NIC