Central Information Commission
Mr. K.V. Chavda vs Western Railway, Rajkot on 5 January, 2010
Central Information Commission
CIC/SG/A/2009/001231 -AD
Dated 5th January, 2010
Name of the Applicant : MR. K.V. CHAVDA
Name of the Public Authority : WESTERN RAILWAY, RAJKOT
Background
1. The Applicant filed his RTI request on 21.02.08 with the PIO, Sr. DC, Rajkot seeking information related to present vacancy at SS Scale Rs.6500-10500, Mr.M.D.Haran working against cadre based on SM/SS/DYSS/ASM at SNUR against 3 points. The PIO replied on 14.03.08 providing point wise information. Not satisfied with the reply, the Applicant filed his First Appeal on 22.01.09 reiterating his request for the information. The Appellate Authority vide order dated 12.02.09 stated that it appears that the Applicant has not received the reply of APO & APIO vide letter dated 30.07.08. However, it is seen from the case file that reply was given to him on 30.07.08. However, some other details/information furnished by the Sr. DPO & CPIO is re ready to be furnished by Sr.DPO & CPIO on payment of photocopying charges. Still not satisfied with the reply, the Applicant filed his Second Appeal on 20.04.09 before the Commission.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing for 5th January, 2010.
3. Mr. R.S. Sharma, Sr.DPO & CPIO, Mr.M.K. Gupta, ADRM & Appellate Authority and Mr.Manish Mehta, APO represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The Applicant submitted that there are actually 6 people working in 5 posts in the SS/YM 6500-10500 grade. According to the Applicant Mr.Haran's post of SS/YM is an additional one beyond the 5 posts in which 5 persons, Mr. H.J. Golani, Mr. Sinha, Mr. Parmar, Mr. Man Suk Lal, Chowda are still working. The Respondent, however, submitted that as Mr.Haran has been promoted and in seniority grade by floating the post of SM-THAN scale Rs. 7450-11500 (RSRP) and post of SS Scale 6500-10500 floated from SUNR to THR vice-versa as Shri Haran is retiring in 2 years. He added that the posts will be restored back automatically on retirement of Mr. M.D. Haran.. The Respondent also stated that one of the 5 persons named by the Appellant (Mr. Golani) is actually not working in the Post because of having been medically decategorized . Hence there are only 5 posts and 5 persons working. The Applicant, however, requested that an enquiry be conducted into this matter and also requested for the appointment letter of Mr.Haran. After reviewing the submissions of both sides, the PIO is directed to conduct an enquiry under Section 18(2) of the RTI Act, 2005 on the alleged wrong information provided to the Appellant based n his contentions in the second appeal and to provide him with an enquiry report as also with a certified copy of the appointment letter indicating that Mr.M.D. Haran is working against cadre post SS/YM on Rs.6500-10500. The Respondent is also directed to provide relevant rules for floating the posts in senior group. The complete information to be provided 30th January, 2010.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Deputy Registrar Cc:
1. Mr. K.V. Chavda #31 Neelam Kunj Society 80, Feet Road Near Kansara Boarding Surendra Nagar Gujarat - 363 001.
2. The PIO Western Railway Divisional Railway Manager's Office Rajkot Division Rajkot
3. The Appellate Authority Western Railway Divisional Railway Manager's Office Rajkot Division Rajkot
4. Officer in charge, NIC
5. Press E Group, CIC