Appellant sought a copy of the transfer, posting, reliving and joining orders of the two railway employees - FAA denied the information as third party information - CIC directed to provide the information being sought by the appellant within 30 days
O R D E R
1. The appellant filed an RTI application on 9.1.2013 requesting for copies of transfer and posting letters of certain officials of the Railways. The CPIO responded on 24.1.2013 and 26.2.2013. The appellant filed an appeal before the first appellate authority on 16.3.2013. The FAA responded on 25.3.2013. The appellant filed a second appeal with the Commission on 15.5.2013.
2. Both parties were heard through videoconferencing.
3. The appellant referred to his RTI application dated 9.1.2013 and reiterated the points made in the RTI application. The appellant said that the respondent is deliberately not providing the information to the appellant though the appellant had requested for certain transfer and posting orders.
4. The respondent said that the information was denied to the appellant by the CPIO on 24.1.2013 stating that the copy of the letter is not available in this office but the concerned department is being asked to furnish the said copy of the letter if available with them. It was further stated that subsequently at the level of the FAA, the information was denied as third party information because this matter related to the transfer and relieving letters of two other employees of the department. The respondent also said that the two employees concerned were asked to give their consent under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act to make submission about the information disclosure but they said that this information could not be given to the appellant.
5. What emerged from this hearing is that this information is official information as it pertains to transfer and posting orders of the two employees. The respondent said that the appellant essentially is seeking a copy of the transfer, posting, reliving and joining orders of the two employees.
6. The respondent is directed to provide to the appellant the information being sought by the appellant in the RTI application within 30 days of this order. Appeal is disposed of. Copy of this order be given free of cost to the parties.
Citation: Shri D.K. Pratihari v. East Coast Railway in Decision No.CIC/AD/A/2013/001751/VS/08775