Information sought is available with some other department

The appellant submitted that an arrear was calculated for refixation of his pay. The payment arrear details were prepared by the respondent division and sent to Asansol division duly vetted by Accounts. In this regard, the appellant sought the certified detail of arrear calculation in tabular sheet and the certified Copy of the calculation sheet sent to Asansol division. The PIO provided certain information and replied that the copy of the calculation sheet may be obtained from Asansol division. The CIC observed that the Respondent has not provided complete information to the Appellant and the reply is incomplete, vague and misleading. Merely stating that the information sought is available with some other department does not suffice the information being provided under the RTI Act. If the information sought by the Appellant is not available in their department, then the Respondent should have transferred the RTI application of the Appellant to the concerned department. The Respondent has neither transferred the RTI application under Section 6(3) of the RTI Act nor was assistance sought as per Section 5(4) of the RTI Act. The CIC directed the Respondent to take assistance under Section 5(4) of the RTI Act from the concerned PIO along with consolidated statement which includes due, drawn and balance amount to be paid and provide information to the Appellant, free of cost, within four weeks failing which to show-cause within this period as to why maximum penalty should not be imposed under the RTI Act.

Comments

This order of the CIC is unusual - It contains a direction to the PIO to perform certain functions with a built in show cause notice in case of failure to perform the direction.

Citation: Asim Kumar Dey v. North Eastern Railway, CIC/NERLG/A/2024/600144; Date of Decision: 30.04.2025

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com