PIO should provide a copy of relevant records rather than giving an explanation
The appellant filed an application under the Right to Information (RTI) Act with the North Eastern Railway seeking information related to barricading of certain part of the Vinayakpur crossing. The applicant referred to a particular person and wanted to know whether he and his junior had the authority to barricade the area. The Public Information Officer (PIO) provided point wise information.
During the hearing before the Central Information Commission (CIC), the respondent explained that the person referred to in the RTI application is the Senior Section Engineer and is the overall in-charge of the said area. They further stated that he along with his junior is responsible for protecting the railway property and to demarcate land that belongs to the Railways. The concerned person had only discharged the responsibility which has been vested in him by barricading the area to protect the railway land.
View of CIC
The Commission directed the PIO to provide to the appellant with the rule/ circular which vest the authority on the Senior Section Engineer to barricade and protect railway land. The appellant requested the Commission to direct the PIO to remove the barricade. The Commission however held that this relief being sought by the appellant falls outside the ambit of the RTI Act.
Citation: Mr. Jai Narain Pathak v. North Eastern Railway Divisional Railway in File No. CIC/AD/A/2012/002456
RTI Citation : RTIFI/2013/CIC/941
Click here to view original RTI order of Court / Information Commission