Central Information Commission
Mr. Prem Shankar Tiwari vs East Central Railway on 17 December, 2009
Central Information Commission
CIC/OP/A/2009/000256 -AD
Dated 17th December, 2009
Name of the Applicant : MR. PREM SHANKAR TIWARI
Name of the Public Authority : EAST CENTRAL RAILWAY
Background
1. The Applicant filed his RTI request on 13.03.08 requesting for information related to one Mr.Ram Awadh Yadav who was chargesheeted. The PIO replied on 11.04.08 denying the information as personal . Not satisfied with the reply, the Applicant filed his First Appeal on 29.05.08 reiterating his request for the information. The Appellate Authority replied on 28.11.08 upholding the decision of the CcPIO. Being aggrieved with the reply, the Applicant preferred his Second Appeal on 10.01.09 before the Commission.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing for 17th December, 2009.
3. Mr. Mr. S.C. Srivastava, Sr.DPO & CPIO, Mr.S.Dubey, DEN-I, Mr. L.K.Rai, CHOS RTI and Mr.R. Kumar, UDC RTI cell represented the Public Authority.
4. The Appellant was heard through audio conferencing.
Decision
5. The Respondent submitted that the information is related to a retired person who was chargsheeted on minor penalty during his service period and added that the same was denied since it is personal information. The Commission , however, is of the opinion that as the charge sheet was issued to Mr. Yadav while discharging his duties as a Public Servant, the same is no longer personal information and accordingly directs the PIO to provide complete information to the Appellant by 20 January, 2010.
6. The appeal is accordingly disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Assistant Registrar Cc:
1. Mr. Prem Shankar Tiwari C/o Shri Dalsingar Singh H.No.276, Ravi Nagar Mughalsarai Chandauli - 232 101.
2. The PIO East Central Railway Divisional Railway manager's Office Mughalsarai Division Mughalsarai
3. The Appellate Authority East Central Railway Divisional Railway manager's Office Mughalsarai Division Mughalsarai
4. Officer in charge, NIC
5. Press E Group, CIC