MINISTRY OF RAILWAYS Vs. GIRISH MITTAL

JUDGEMENT

(1.) CM No.14800/2014 and 14801/2014

(2.) THE petitioners have filed the present petition impugning orders dated 11.03.2013 and 04.04.2014 (hereinafter referred to as the 'impugned orders') passed by the Central Information Commissioner (CIC). By the impugned order dated 11.03.2013, the CIC held that information sought by the respondent had not been provided and earlier orders of the CIC had also not been complied with. The petitioners sought a review of the order dated 11.03.2013, which was rejected by the CIC by the impugned order dated 04.04.2014, on the ground that the CIC did not have any power to review its decisions.

(3.) IT was further contended that in the given facts and circumstances of the case, the CPIO could not be held liable or responsible for not providing information since the CPIO had forwarded the request of the respondent to the concerned departments. The learned counsel for the petitioners relied upon Section 6(3) of the Right to Information Act, 2005 (hereinafter referred to as the 'Act') to contend that a CPIO is required to transfer an application for information to the concerned authority and cannot be expected to pursue the matter thereafter. It was, thus, submitted that the CIC had erred in imposing of penalty on petitioner no.2.