Central Information Commission
Mukesh Agarwal vs South Eastern Railway (Kolkata) on 23 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/SERLK/A/2023/656271
Mukesh Agarwal .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
South Eastern Railway,
Sr. Div. Engineer (Co)/Adra,
South Eastern Railway Adra
division, Adra - 723121 .... ितवादीगण /Respondent
Date of Hearing : 07.04.2025
Date of Decision : 23.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 10.10.2023
CPIO replied on : 09.11.2023
First appeal filed on : 20.11.2023
First Appellate Authority's order : 06.12.2023
2nd Appeal/Complaint dated : 25.12.2023
Information sought:
The Appellant filed an RTI application (offline) dated 10.10.2023 seeking the following information:Page 1 of 4
"Certified copy of my attendance sheet (master roll) from the date of my joining at Adra division/ S.E. Rly as on 08/08/2016 to till date and also certified copy of my APAR from the year 2016-17 to 2022-23."
The CPIO furnished a reply to the Appellant on 09.11.2023 stating as under:
"As because. You got transferred to different SSE/P. Way Units right from your appointment (i.e. 2016), Your attendance particulars are not assembled in a particular Unit and this was already brought to your knowledge. Vide reference (ii) above, you were advised to visit different SSE/P. Way Units to collect your desired information. However, you may visit the following units on a mutually agreed Day and Time at you own cost and sanctioned leave. (As per Part-II, Section-1, Chapter-1, serial 2(j) (i) of the RTI Act 2005 for going through your attendance particulars :-
SSE/P Way/East/Adra, (Mob. No: ********43), SSE/P. Way/DMA (*******251) SSE/P. Way/CNI (*********70) & SSE/P Way/BQΑ (*********223) -
With regards to APAR (From the year 2016-17 to 2019-2020), you may visit the concerned units in which you have served. The details of APAR for the rest of the period i.e. 2020-2021 onwards, is available in HRMS portal."
Being dissatisfied, the appellant filed a First Appeal dated 0.11.2023. The FAA vide its order dated 06.12.2023, held as under.
"Nevertheless, once again. You may visit the following units on a mutually agreed Dav and Time at you own cost and sanctioned leave. (As per Part-II, Section-1 Chapter-l, serial 2(j) & (ii) of the RTI Act 2005) for going through/collecting your attendance particulars :-
SSE/P Way/East/Adra (Mob. No: 90020832-43), SSE/P.Way/DMA (8967783251) SSE/P Way/CNI(9002083270) & SSE/P. Way/BQA (9002083223) -
With regards to APAR (From the year 2016-17 to 2019-2020) you may visit the concerned units in which you have served. The details of APAR for the rest of the period 2020-2021 onwards, is available in HRMS portal"
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 2 of 4Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Shri Anoop Kumar Saxena, Assistant Divisional Engineer, appeared through video conference.
The respondent while defending their case inter alia reiterated the replies given by them vide their letters dated 09.11.2023 and 06.12.2023. They further submitted that the Human Resource Management System (HRMS) was implemented in the organization from the year 2021 onward. The attendance records and APARs prior to HRMS are physically maintained and spread across different units where the appellant was posted.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that reply given by the appellant was incomplete and evasive. The appellant sought certified copies of his attendance sheet (master roll) from 08.08.2016 till date and Annual Performance Appraisal Reports (APAR) from 2016-17 to 2022-23. Physical APARs prior to implantation of HRMS module are supposed to be available in one ACR dossier which cannot be claimed to be spread in different files across various offices. Therefore, the argument of the respondent that it is scattered at places where the appellant served is patently wrong and misleading.
The Commission notes with concern that both the CPIO and FAA failed to exercise due diligence and assist the appellant in accessing information that is prima facie his own personal information, which cannot be denied under the RTI Act. The passive suggestion that the appellant should collect the records himself from the different officers is neither tenable nor in line with the officer procedure for maintenance of ACR dossier and also against the spirit of the RTI Act.
Section 5(4) of the RTI Act provides that a CPIO may seek assistance from any other officer as he/she considers necessary for the proper discharge of duties. The respondent, therefore, has the authority and obligation to coordinate with Page 3 of 4 the concerned units and consolidate the information instead of burdening the appellant.
In view of the above observations, the respondent is directed to collect and provide certified copies of the attendance records (master roll) from 08.08.2016 to the date of HRMS implementation from all relevant units, using powers under Section 5(4) of the RTI Act, 2005. Further, the respondent is also directed to provide certified copies of the APARs for the period 2016-17 to 2019-20 from the concerned departments and guide the appellant in accessing APARs from 2020-21 onwards through the HRMS portal, if necessary. The above directions are to be complied with by the respondent CPIO within four weeks from the date of receipt of this order, under intimation to the Commission.
The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, South Eastern Railway, ADRM/Adra, South Eastern Railway Adra division, Adra - 723121 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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