Central Information Commission
Mr.Ashok Kumar Goel vs Ministry Of Railways on 13 July, 2010
Central Information Commission
CIC/AD/A/2010/000722
Dated July 13, 2010
Name of the Applicant : Shri Ashok Kumar Goel
Name of the Public Authority : I.C.F. Chennai
Background
1. The Applicant filed an RTI application dt.21.8.09 with the PIO, ICF, Chennai seeking information against 6 points with regard to M/s.Jagadamba Sales Corporation including the tenders accepted in favour of the above firm during the period April 1995 to August 2009, mode of dispatch, testing of material, payment released etc. The PIO replied on 7.10.09 furnishing information against points 1 and 2. He stated that information is available only from 2004 and not from 1995 as the case files are maintained for a period of 5 years only. He enclosed a print out from Stores Computer System at ICF. With regard to points 3 to 6, he denied the information u/s 8(1)(d) as the disclosure would harm the competitive position of the third party. Not satisfied with the reply, the Applicant filed an appeal dt.6.2.10 with the Appellate Authority reiterating his request for the information from 1995 onwards. Shri M.Dharmalingam, Appellate Authority replied on 23.2.10. directing the PIO to furnish a copy of the Record Retention Schedule to the Applicant within 15 days from the date of issue of the order. With regard to other points, he upheld the decision of the PIO.
Being aggrieved with the reply, the Applicant filed a second appeal dt.Nil before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for July 13, 2010 through video conferencing.
3. Shri Balan, Dy.CPO representing Appellate Authority, Shri N.P.Singh, Dy.CMM representing PIO, Shri N.Sundararajan, AMM and Shri Shivkumar, Head Clerk representing the Public Authority were present at NIC Studio, Chennai.
4. The Applicant was present along with his representative Shri Binay Kumar Sinha during the hearing. Decision
5. The Appellant submitted that the information sought is similar to the one sought in the case No.CIC/AD/A/2010/000546 dt.17.5.10, the only difference being the Company about which it is being sought and requested that he be provided with attested photocopies of the documents from relevant files as he would not be able to travel to Chennai to inspect the files. He also stated that he is willing to pay for the photocopying of all the documents.
6. The Commission accordingly directs the PIO to provide attested copies of documents relating to M/s.Jagadamba Sales Corporation free of cost upto a maximum of 50 pages and to charge the Appellant for the remaining documents at Rs.2/= per page .
7. The information should reach the Appellant by end August, 2010.
8. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri Ashok Kumar Goel M/s.Shakti Sale Corporation BN65(West) Shalimar Bagh New Delhi 110 088
2. The PIO Integral Coach Factory Indian Railways Chennai 600 038
3. The Appellate Authority Integral Coach Factory Indian Railways Chennai 600 038
4. Officer incharge, NIC
5. Press E Group, CIC