Central Information Commission
Mr.K Haniyappa Gowda vs Ministry Of Railways on 15 November, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000524
Date of Decision : Nov 15, 2011
Parties:
Complainant
Mr. K Haniyappa Gowda
S/o late Kunhanna Gowda,
Kolpe House,
Kodimbala Village,
Puttur Taluk,
Dakshina Kannada District - 574 221
Karnataka
Re spondent
PIO,
Senior DEN/COORD/MYS
South Western Railway
Mysore
Karnataka
Information Commissioner(s) : Mrs. Annapurna Dixit
_______________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000524
Background
1. The instant case arises out of the RTI application dated 30.09.2010 whereby the Applicant sought document/samples/inspection of three specific documents viz. i) order of the Land Acquisition Officer who acquired lands for laying out the Hassan Mangalore meter gauge Railway line, ii) order of payment of compensation to the land owner and iii) the certificate showing details of land acquired for the Department of Railways from the land owner i.e. the Applicant's father. The PIO by his letter dated 07.12.2010 transferred the application to the Office of the Chief Administrative Officer, Construction stating that the information sought by the Applicant was not available at their office since upon gauge conversion, all documents including land records have been handed over to Openline and the same could be traced either from the Mysore Division or the Southern Division Headquarters office.
2. Being aggrieved with the PIO's reply, coupled with non receipt of any response from the Office of the Chief Administrative Officer, Construction despite transfer of the RTI application, the Applicant approached the Central Information Commission by filing the instant Complaint dated 31.01.2011 reiterating his case.
Decision
3. In the facts and circumstances of the case, it is evident that the Public Authority i.e. the actual custodian of information has simply not responded to the RTI application despite the same having been transferred to his office. This is a glaring example of violation of the provisions of the RTI Act. The Commission accordingly directs that information be provided to the Complainant by or within 17.12.2011, failing which appropriate legal recourse shall be adopted by the Commission. The Commission also issues a Show Cause notice seeking explanation from the PIO as to why penal proceedings be not initiated against him for violating provisions of the Act and not bothering to respond at all to the Complainant even after transfer of the RTI application to the Office of the Chief Administrative Officer, Construction. Response to the Show Cause notice should also reach the Commission by or within 17.12.2011, failing which the matter will be decided on the basis of documents available on record.
4. The case is disposed on the above terms.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Mr. K Haniyappa Gowda S/o late Kunhanna Gowda, Kolpe House, Kodimbala Village, Puttur Taluk, Dakshina Kannada District Karnataka
2. PIO, Senior DEN/COORD/MYS South Western Railway Mysore Karnataka
3. PIO, O/o the Chief Administrative Officer, Construction South Western Railway Mysore Karnataka
4. Officer in Charge, NIC