Central Information Commission
Mr.Rajkumaryadav vs Ministry Of Railways on 1 July, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2009/001144
Date of Hearing : July 1, 2011
Date of Decision : July 1, 2011
Parties:
Applicant
Shri Rajkumar Yadav
Amodhpur
PO - Mughalsarai
Chandauli 232 101
Uttar Pradesh
The Applicant was not present during the hearing
Respondents
East Central Railway
Divisional Railway Manager's Office
Mughalsarai Division
Mughalsarai
Represented by : Shri S. Dubey, APIO & DEN
Shri L.K.Rai, Chief OS/RTI
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2009/001144
ORDER
Background
1. The Applicant filed an RTI Application dt.27.12.08 with the PIO, DRM Office, East Central Railway, Mughalsarai seeking information against nine points with regard to the action taken in respect of a letter written by Shri Motilal Vora, former Governor to Railway Board recommending that he be given a job in the Railways in Mughalsarai Division. On not receiving any reply, he filed a complaint dt.13.8.09 before CIC stating that one Shri Jaiswal, Sr.DPO had abused him and had stated that the letter of the former Governor is a fake. The Commission vide its Order dt.30.7.10 directed the PIO to provide information by 30.10.10 and also to show cause for not supplying the information by 30.10.10. In response to the Order dt.30.7.10, the Commission received a letter dt.19.11.10 from Shri Suresh Chandra Srivastava, CPIO & Sr.DPO enclosing a letter dt.11.5.09 asking the Sr.Divisional Engineer as to why no reply has been provided till date. Vide his letter dt.11.5.09, the Sr.DCM also requested Dy. Chief Engineer/Con. to provide information. In response to the letter dt.11.5.09, the Sr.Divisional Engineer replied on 27.5.09 to Sr.DCM stating that information is not available which was duly conveyed to the Applicant by Sr.DCM on 27.5.09. In response to the CIC Order dt.30.7.10, the Appellant was once again informed about the nonavailability of information vide letter dt.29.10.10.
Decision
2. During the hearing, the Respondents submitted that the letter stated to have been be written by the Governor is not available in their records.
3. The Commission therefore holds that since information perse is not available, no authorization for disclosure of any information is required.
4. The Commission further noted that information was provided only on 27.5.09 and that no explanation in response to the show cause notice dt.30.7.10 has been provided by the PIO, iI is therefore decided to impose a penalty on the then Sr.Divisional Engineer (Coordination), East Central Railway, Mughalsarai for not responding to the RTI Application dt.27.12.08 within the time limit prescribed under the Act.
5. Accordingly, the then Sr.Divisional Engineer (Coord) is directed to pay a sum of Rs.25000/ u/s 20(1) of the RTI Act.. The Appellate Authority is directed to recover the amount of Rs.25,000/ from the salary payable to the then Sr.Divisional Engineer (Coordination) by way of Demand Draft drawn in favour of 'PAO CAT' in 5 equal monthly installments. The first installment should reach the Commission by 10th August 2011 and the last installment should reach by 10th December 2011. The Demand Draft should be sent to Shri G.Subramanian, Under Secretary & Deputy Registrar, Central Information Commission, Club Building, Old JNU Campus, New Delhi 110 067.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Rajkumar Yadav Amodhpur PO - Mughalsarai Chandauli 232 101 Uttar Pradesh
2. The Public Information Officer 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