Central Information Commission
Mr.P P Pradeep vs Ministry Of Railways on 15 November, 2010
In the Central Information Commission
at
New Delhi
CIC/AD/A/2010/001290
Date (s) of Hearing: November 15, 2010
Date of Decision : November 15, 2010
Respondents and Appellant were heard through video conferencing
Both the parties were present.
Parties:
Applicant
1. Mr. P. P. Pradeep
TC VII/1689, Palayil House,
Pangode, Thirumala,
PO Trivandrum
The Appellant was present for the hearing
Respondent(s)
1. Southern Railway,
Divisional Railway Manager's Office,
Personnel Branch,
Thiruvananthapuram
Represented by:
Mr. Govindan Sr. DPO &PIO,
Mr. M.K. Sureshan Staff & Welfare Inspector;
Information Commissioner : Mrs. Annapurna Dixit
Decision Notice
The Commission ordered that the information sought by the Appellant be provided to him once again, giving
further clarification about the movement of the file.
In the Central Information Commission
at
New Delhi
CIC/AD/A/2010/001290
Background
1. The Applicant filed an RTI application on 18/01/2010 with the PIO, Southern Railway wanting to know whether the file no. V/P227/A2009/85/ELE/OP is available with Sr. DPO, if not the location of the file. He also sought the reasons for not disposing the appeal and not adhering to the Railway Board orders for disposal of appeals expeditiously. The Applicant further stated that he had been punished with stoppage of six sets of passes and eight sets of PTOs. The PIO with respect to query1 replied that the file referred to in the Appellant's letter was not available in the office as the same was sent to ADRM through Sr. DEE/OP on 17/08/2009, he being the Appellate Authority. In response to queries 2, 3 & 4 the PIO replied that the same are not covered under the definition of information under Section 2(f) of the Act. Not satisfied with the reply, the Applicant filed his first appeal on 18/03/2010 stating that incomplete information had been provided and that section 2(f) had been wrongly applied to deny the information. The First Appellate Authority replied on 09/04/10 providing further clarification against each point and also stating that, as regards item 1 of the application, the reply given by PIO was correct. And that the appeal has since been disposed of by the Competent Authority and the appellate order will be provided at the earliest. Being aggrieved with the Appellate Authority's reply, the Applicant filed a second appeal before the Commission requesting for information against points 3 & 4.
Decision
2. During the hearing the Appellant stated that he is not satisfied with the information provided by the Respondent regarding the location of the file at different times. It was his contention that the wrong information had been provided to him deliberately. The Respondent however maintained that correct information regarding the location of the file at different points of disposal had been given correctly to the Appellant. The Commission, however, in the interest of the Appellant directs the PIO to provide once again to the Appellation information about the movement of the D&AR file datewise. The information may be provided by 15 December 2010 to the Appellant.
3. The appeal is accordingly disposed.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar CC:
1. Mr. P. P. Pradeep TC VII/1689, Palayil House, Pangode, Thirumala, PO Trivandrum
2. Public Information Officer Southern Railway Divisional Railway Manager's Office, Personnel Branch, Thiruvananthapuram
3. Officer Incharge, NIC