Central Information Commission
Mr.Deepali P Tulaskar vs Ministry Of Railways on 13 August, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001598
Date of Hearing : August 13, 2012
Date of Decision : August 13, 2012
Parties:
Applicant
Ms.Deepali P.Tulaskar
20, Parshuram Building
Ram Maruti Road
Dadar(W)
Mumbai 400 028
The Applicant was represented by Shri P.Tulaskar who was present at NIC Studio, Mumbai
Respondents
Western Railway
Divisional Railway Manager's Office
Commercial Branch
Mumbai Central 400 008
Represented by : Shri S.K.Choudhary, DE
Shri P.K.Dharwa, ADEE
NIC Studio, Mumbai
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001598
ORDER
Background
1. The Applicant filed an RTI Application dt.19.9.11 with the PIO, Western Railway, Mumbai. She enclosed as a part of her application a photograph showing an office existing over the Western Railway Churchgate Platform No.4 stating that from the first and second floor of this office, dirty polluted water keeps flowing on the people who are walking on the railway platform. She wanted to know which department is responsible for looking into this matter and information on action taken against the officers concerned. The PIO replied on 29.10.11 enclosing the information furnished by Sr.DEE who in his note dt.28.10.11 stated that the matter was investigated and that it was found that no leakage of dirty water is coming from ACs in the office. He added that some dropping of water is due to accumulation of condensation of water from the AC units which has been attended o temporarily. He further added that a proposal for work of 'Prevention of drainage water from AC for station building at CCG' is being processed and that tender invitations will be sent at the earliest. Not satisfied with the reply, the Applicant filed an appeal dt.8.11.11 with the Appellate Authority. The Appellate Authority replied on 26.11.11. In compliance with the order of the Appellate Authority, the PIO replied on 6.12.11 stating that the tender that has been floated will be opened on 9.1.12 for stopping the water from air conditioners from building over the churchgate station on the platform below. He also invited the Applicant to inspect the file dealing with the tender. Being aggrieved with the reply, the Applicant filed a second appeal dt.20.2.12 before CIC. Decision
2. During the hearing, the Appellant's representative submitted that he wants to know which department was supposed to have taken care of this work over all the years when people walking on the platform were facing the nuisance and whether any action has been taken against any officer for not taking appropriate action to stop the leakage.
3. The Respondents submitted that information as available on record regarding the tender floated for this purpose has already been provided to the Appellant. He also invited the Appellant to inspect the tender documents. As for action taken on any officers for not looking into this matter over the years he stated that there is no such information on record.
4. After hearing both sides and on perusing the submissions on record the Commission noted that the PIO in his reply is silent about the Department as also the name and designation of the officer responsible for this negligence and therefore directs the PIO to provide the information to the Appellant by 25.9.12. The PIO to also inform the Appellant categorically in writing that no action has been taken against any officer over the years for not looking into the matter of the leaking ACs. The Appellant, (or her representative) if she so desires, may be allowed by the PIO to inspect the concerned tender documents on a mutually convenient date and time and be provided with copies of any documents identified by her during inspection, free of cost. This exercise to be completed by 25.9.12.
5. The appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G. Subramanian) Deputy Registrar Cc
1. Ms.Deepali P.Tulaskar 20, Parshuram Building Ram Maruti Road Dadar(W) Mumbai 400 028 2 The Public Information Officer Western Railway Divisional Railway Manager's Office Commercial Branch Mumbai Central 400 008
3. Officer in charge, NIC