Central Information Commission
Mr.Pradeep Kr.Saini vs Ministry Of Railways on 10 October, 2012
In the Central Information Commission
at
New Delhi
File No. CIC/AD/C/2012/001050
Date of Hearing : October 10, 2012
Date of Decision : October 10, 2012
Parties:
Appellant
Shri Pradeep Kumar Saini
Advocate
Chamber No. 153, Western Wing
Tis Hazari Courts
Delhi 110054
The Appellant was present through his counsel, Shri Harsh Dev.
Respondents
Northern Railway
Office of the Divisional Railway Manager
Ambala Division
Ambala
Northern Railway
Office of the Divisional Railway Manager
Headquarters office
Baroda House
New Delhi
Represented by: Shri Naresh Kumar, ASO/NRSA; Shri N. Vijayalakshmi, APO/NR; Shir O.P. Singh,
CWLD/NR; Shri R.G. Meena, Ch. O.S./NR; Shri A Saini, O.S./NR; Shri Vinod Kumar, OS/EC/NR/Ambala and
Shri Sandeep Kaur, Sports Secy. NR Ambala
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/001050
ORDER
Background
1. The Applicant filed his RTIapplication (dated 09.12.2011 copy not enclosed) with the PIO, Northern Railway, Baroda House, New Delhi seeking certain information in relation to "four sports persons posted at Northern Railway, Ambala Division, who are granted out of turn promotion since year 2000 onwards". This application was transferred to different officers viz., Dy. CPO/PMIS; Sports officer, NRSA; Sr. DMM, Ambala and Sr. DPO, Ambala for response. The Applicant thereafter, filed his first appeal with the Appellate Authority on 01.02.2012 stating that he has received replies on 13.12.2011, 15.12.2011 and 21.12.2011 (copies not enclosed) which are incomplete. Since the Appellant did not received any decision from the Appellate Authority, he filed the present petition dated 07.04.2012 before the Commission.
Decision
2. As the hearing commenced, the Commission asked the Counsel for the Appellant to produce a copy of RTIapplication and the PIO's reply thereto since the Appellant had not enclosed copies of these two important documents with his present petition to the Commission. The Counsel then placed on record a copy of reply of the PIO which also contained the information sought by the Appellant, and pointed out that information related to the Appellant's queries at item nos. 6 to 11 have not been provided by the Respondents. The Respondents stated that information related to said items pertains to the NRSA, to whom the preset application was transferred by the PIO. The Sports Officer, NRSA (Shri Naresh Kumar), who was also present during the hearing, however, denied the availability of information with them. According to him (Sports Officer), the information sought here (i.e. promotion/appointment of employees) is held/maintained by the personnel branch of the Ambala division of the public authority. The Respondents also, when asked, admitted that the present application had been seen by the DPO, Ambala.
3. Since the information related to item nos. 6 to 11 has not been given to the Appellant, it is directed that the DPO, Ambala (based on the submission of representative from NRSA) shall provide this information to the Appellant within 2 weeks of receipt of this order.
4. The DPO, Ambala (Shri Jasbir Singh) as well as the Sports Officer, Shri Narresh Kumar shall also show cause to the Commission why penalty should not be imposed upon them for not providing the information (item no. 6 to 11) to the Appellant. Returnable within 4 weeks of receipt of this order.
5. The PIO, Ambala is directed to immediately serve this order to the DPO, Ambala for compliance.
6. Appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner October 10, 2012 Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Pradeep Kumar Saini Advocate Chamber No. 153, Western Wing Tis Hazari Courts Delhi 110054
2. Public Information Officer (RTI) Northern Railway Office of the Divisional Railway Manager Ambala Division Ambala
3. Public Information Officer (RTI) Northern Railway Office of the Divisional Railway Manager Headquarters office Baroda House New Delhi
4. Officer incharge, NIC