Central Information Commission
Dated, the 21st September, 2006
Name of the Appellant : Sh. Sharabh Dubey, 11/7 Civil Lines, Kanpur â€“208 001. (U.P.)
Name of the Public Authority: The British India Corporation Limited, 14/136 Civil Lines, P.B. 77, Kanpur-208 001.
Facts of the Case:
The appellant is an employee of the respondent. He was transferred to another Unit of the company. The office order was challenged by him in the Court, which adjudicated on the matter. Subsequently, he has filed a few more petitions on service related matters in the Court. In this backdrop, he has sought documents relating to the legal opinion obtained by the respondent, file notings by the senior officials on the issue of transfer, letters/correspondence with other officials, etc.
The CPIO has denied the information and sought exemption u/s 8(1)(d) & (g) of the Act.
The case was heard on 12.9.06. The appellant could not be present. The CPIO and the appellate authority were present. In the course of hearing, the CPIO showed a copy of the petition filed by the appellant in the Court, whic hcontained almost all the documents asked for by him. The CPIO contended that the documents asked for by the appellant relate to the various petitions filed by him in the Court. He, therefore, pleaded that the disclosure of the documents might adversely affect the disputed cases. Hence, the relevant documents are treated as confidential.
There is a dispute between the appellant and the company on service matters, including transfer of the appellant to another unit. The matter is pending before the Court for adjudication. There is every possibility that the appellant would get opportunity for his effective defense. The information sought is in the interest of the seeker. And, as such, there is no overriding public interest, u/s 8(1)(j) of the Act, for disclosure of the information.
The appeal is therefore dismissed.
(Prof. M.M. Ansari)
New Delhi, Jan 16: Flaying the Northern Railways for its failure to take proper action on a Right to Information (RTI) application and subsequent reminders by one of its former employees, the Central Information Commission (CIC) has said the railways has a "disorganized" system for dealing with RTI matters.
The CIC's observations came after the Northern Railways failed to act on a RTI application filed by V M Sharma, a former employee of Northern Railways, seeking certain certified copies and details on his service related matters.
"The Commission has found it extremely surprising how the Department is so disorganized so as not to receive not only the original appeal but the two reminders", said Information Commissioner O P Kejariwal in a recent order.
Expressing strong displeasure over the NR's failure to keep a track of the RTI application filed by Sharma, the Commission noted that such lapses shows the prevailing disorganization in the department.
The CIC reacted sharply after the NR authorities clarified that the present case was an "isolated one" as in more than 700 cases there had been no such problems.
The Commission directed the concerned authorities of the department to allow Sharma to inspect the files and documents for himself and take photo copies of the relevant details he had sought in his application.
Northern Railways 'disorganized' towards RTI disclosure: CIC .:. NewKerala.Com, India News Channel