Central Information Commission
Naresh Kumar B Shah vs Ministry Of Railways on 25 May, 2017
CENTRAL INFORMATION COMMISSION
Club building, Opposite Ber Sarai Market, Old JNU Campus, New Delhi- 110067.
Tel: 011 - 26182593/26182594
Email: [email protected]
File No.: CIC/RK/A/2016/000408-AB
In the matter of:
Naresh Kumar B Shah
Pee Bee Construction, 208, Binta Park,
M G Road, Bardoli - 394601,
Dist - Surat. ...Appellant
VS
Central Public Information Officer
CPIO / Divisional Commercial Manager(PM)
Western Railway, O/o the DRM, Commercial
Department, Mumbai Central,
Mumbai - 400008. ...Respondent
Dates
RTI application : 27.04.2015
CPIO reply : 26.06.2015
First Appeal : 18.07.2015
FAA Order : 13.08.2015
Second Appeal : 31.12.2015
Date of hearing : 16.05.2017
Information sought:
The appellant is aggrieved as his dues were not paid, no information u/s 2(f) of the RTI Act was sought.
Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Present
Respondent : Rep. of PIO, Shri R.Sehgal, AEDMC
1
During the hearing the rep. of respondent PIO submitted that they had provided the requisite information vide their letter dated 26.06.2015 in connection with RTI application dated 27.04.2015. The appellant submitted that he was not satisfied with the reply received from the respondent.
On perusal of the case record, it is seen that order of the FAA dated 13.08.2015 was flouted by the respondent CPIO. Proper reply was not provided to the appellant. Comprehensive information e.g. any record in connection with the refund of payment should have been provided to the appellant in this case.
The respondent CPIO is directed to provide point wise reply complete in all respects to the appellant e.g. any record in connection with the refund of payment, as available on record, including certified true copies of the documents sought for e.g. note sheet, letters, correspondence, e-mail etc. free of charge u/s 7(6) of the RTI Act within 15 days of the receipt of the order.
The CPIO may note that non-compliance of this order may lead to penal action u/s 20(1) of the RTI Act against the respondent CPIO.
The respondent CPIO is further directed to send a report containing the copy of the reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
With the above direction, the appeal is disposed of.
Copy of the order be sent to both the parties free of cost.
[Amitava Bhattacharyya] Information Commissioner Authenticated true copy (A.K. Talapatra) Deputy Registrar 2