Copies of note sheets/correspondence/advisory note, etc. of relevant file leading to change of date of birth of a certain ex-member of the Railway Board was sought - Respondent: It is the subject of a CBI enquiry - CIC: Provide the information
O R D E R
1. The appellant filed an RTI application with the PIO on 8-5-2013 requesting for a copies of note sheets/correspondence/advice/advisory note, etc. of relevant file leading to change of date of birth of a certain ex-member of the Railway Board. The PIO responded on 28-5-2013. The appellant filed an appeal before the first appellate authority (FAA) on 3-7-2013. The FAA responded on 19-7-2013. The appellant filed a second appeal with the Commission on 30-8-2013.
2. The appellant was heard through videoconferencing. The respondent was personally present during the hearing.
3. The appellant stated that he is seeking information and documentation on only one point. The appellant said that there is a newspaper item in which it had been reported that that a member of the Railway Board, referred to in the RTI application, had got his date of birth changed from 15-5-1955 to 15-7-1955. The appellant said that he wants to have copies of the relevant documents which reflect the circumstances under which the date of birth was changed. The appellant said that the respondent is deliberately not providing the information to him and they are concealing the information.
4. The respondent stated that the person about whom the information is being sought is presently the subject of a CBI enquiry and the personal file of that officer along with the relevant documents have also been handed over to the CBI and that enquiry is still under progress. The respondent also stated that the concerned officer had also been arrested.
5. The appellant stated that he had actually sent his RTI application on 8-5-2013 and if the respondent would have acted according to the provision of the RTI Act, they would, then and there, given him the information. The appellant said that the respondent has intentionally delayed the information and now they are saying that the papers have been given to the CBI. The appellant said that the respondent is misleading the hearing and they are evasive in providing the information.
6. During the course of the hearing, the appellant’s focus was on the following information:
(a) the information as sought in the RTI application of 8-5-2013; and
(b) the date of which the file was handed over to the CBI which will establish the delay caused by the respondent in giving the information to the appellant.
7. The appellant stated that the respondent has also contravened the orders of the FAA of 1972013 which stated clearly that the information should be provided to the appellant.
8. The respondent is directed to provide information to the appellant as sought in the RTI application dated 8-5-2013 along with information about the date on which the matter was referred to the CBI. Compliance must be done within 30 days of this order. Appeal is disposed of. Copy of this order be given free of cost to the parties.
Citation: Shri Kishori Lal Bablani v. Ministry of Railways Railway Board in Decision No.CIC/BS//2013/002319/VS/09435