In the Central Information Commission at New Delhi
File No: CIC/AD/C/2011/000524
Date of Decision : Nov 15, 2011
Parties: Complainant Mr. K Haniyappa Gowda S/o late Kunhanna Gowda, Kolpe House, Kodimbala Village, Puttur Taluk, Dakshina Kannada District – 574 221 Karnataka
Re spondent PIO, Senior DEN/COORD/MYS South Western Railway Mysore Karnataka
Information Commissioner(s) : Mrs. Annapurna Dixit ______In the Central Information Commission at New Delhi
File No: CIC/AD/C/2011/000524
Background
1. The instant case arises out of the RTI application dated 30.09.2010 whereby the Applicant sought
document/samples/inspection of three specific documents viz. i) order of the Land Acquisition
Officer who acquired lands for laying out the Hassan Mangalore meter gauge Railway line, ii)
order of payment of compensation to the land owner and iii) the certificate showing details of land
acquired for the Department of Railways from the land owner i.e. the Applicant’s father. The PIO
by his letter dated 07.12.2010 transferred the application to the Office of the Chief Administrative
Officer, Construction stating that the information sought by the Applicant was not available at their
office since upon gauge conversion, all documents including land records have been handed over
to Openline and the same could be traced either from the Mysore Division or the Southern
Division Headquarters office.
2. Being aggrieved with the PIO’s reply, coupled with non receipt of any response from the Office of
the Chief Administrative Officer, Construction despite transfer of the RTI application, the Applicant
approached the Central Information Commission by filing the instant Complaint dated 31.01.2011
reiterating his case.
Decision
3. In the facts and circumstances of the case, it is evident that the Public Authority i.e. the actual
custodian of information has simply not responded to the RTI application despite the same having
been transferred to his office. This is a glaring example of violation of the provisions of the RTI
Act. The Commission accordingly directs that information be provided to the Complainant by or
within 17.12.2011, failing which appropriate legal recourse shall be adopted by the Commission.
The Commission also issues a Show Cause notice seeking explanation from the PIO as to why
penal proceedings be not initiated against him for violating provisions of the Act and not bothering to respond at all to the Complainant even after transfer of the RTI application to the Office of the
Chief Administrative Officer, Construction. Response to the Show Cause notice should also reach
the Commission by or within 17.12.2011, failing which the matter will be decided on the basis of
documents available on record.
4. The case is disposed on the above terms.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar
Cc:
1. Mr. K Haniyappa Gowda S/o late Kunhanna Gowda, Kolpe House, Kodimbala Village, Puttur Taluk, Dakshina Kannada District Karnataka
2. PIO, Senior DEN/COORD/MYS South Western Railway Mysore Karnataka
3. PIO, O/o the Chief Administrative Officer, Construction South Western Railway Mysore Karnataka
4. Officer in Charge, NIC