Central Information Commission
Santosh Kumar vs North Eastern Railway (Gorakhpur) on 16 August, 2021
CIC/NERLG/A/2019/143446
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/NERLG/A/2019/143446
In the matter of:
Santosh Kumar ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, ... ितवादीगण /Respondent
/Asst. Secretary, North Eastern Railway,
Office of General Manager,
Gorakhpur 273012
2. CPIO,
/Sr. Personnel Officer, North
Eastern Railway, Office of
General Manager,
Gorakhpur-273012
3. CPIO,
/Asst. Secretary (Confidential),
North Eastern Railway, Office Of
General Manager,
Gorakhpur - 273012
4. CPIO,
Sr. EDP Manager, North Eastern
Railway, Office of The Sr. EDP
Manager, Divisional Office,
Lucknow Division, Lucknow,
Uttar Pradesh
Page 1 of 6
CIC/NERLG/A/2019/143446
Relevant dates emerging from the appeal:
RTI Application filed on : 13.06.2019
CPIO replied on : 01.08.2019
First Appeal filed on : 15.07.2019
First Appellate Authority order : Not on Record
Second Appeal Received on : 05.09.2019
Date of Hearing : 12.08.2021
The following were present:
Appellant: Shri Santosh Kumar and Shri Akhilesh, representative of the Appellant
participated in the hearing upon being contacted on Appellant's telephone.
Respondent: Shri Vivekanand Mishra, APO-Lucknow participated in the hearing
upon being contacted on his telephone.
ORDER
Information sought:
The Appellant filed an RTI Application dated 13.06.2019 seeking information on the following three points:Page 2 of 6
CIC/NERLG/A/2019/143446 Shri Vivek Kumar Mishra, Sr. Personnel Officer/ HQ & ACPIO vide letter dated 01.08.2019, enclosed a note endorsed by the Assistant Personnel Officer/HQ dated 24.07.2019, wherein the Appellant was informed as under:
Being dissatisfied, the appellant filed a First Appeal dated 15.07.2019, which has not been adjudicated by the First Appellate Authority as per available record.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent.
Submissions made by Appellant and Respondent during Hearing: In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The representative of the Appellant stated that he is not satisfied with the reply provided by the Respondent. At the instance of the Commission to explain the point of his dissatisfaction, he could not provide a cogent reply. However, he Page 3 of 6 CIC/NERLG/A/2019/143446 added that the Respondent is not accepting his joining request. Upon queried by the Commission to substantiate his averment, he claimed that the Appellant had filed a request to provide a job/employment on compassionate grounds, which has not been considered by the Respondent till date.
The Respondent submitted that appropriate information as per documents available on record was provided to the Appellant.
A written submission has been received by the Commission from the Sr. Divisional Personnel Officer, North Eastern Railway, Lucknow vide letter dated 06.08.2021, wherein the Commission has been apprised as under:
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Appellant is harping to redress his grievance pertaining to seeking an employment on compassionate grounds through the instant RTI Application and the same is beyond the adjudicatory powers of the Commission. The Commission further observes that the Respondent has provided an appropriate reply to the Appellant. Hence, the Commission finds no further scope of intervention in the instant matter.Page 4 of 6
CIC/NERLG/A/2019/143446 With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 16.08.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/NERLG/A/2019/143446 Addresses of the parties:
1. The First Appellate Authority (FAA) Sr. Dy. General Manager, North Eastern Railway, Office of General Manager, Gorakhpur, Uttar Pradesh -273012
2. The Central Public Information Officer, /Asst. Secretary, North Eastern Railway, Office of General Manager, Gorakhpur -273012
3. The Central Public Information Officer, /Sr. Personnel Officer, North Eastern Railway, Office of General Manager, Gorakhpur -273012
4. The Central Public Information Officer, /Asst. Secretary (Confidential), North Eastern Railway, Office of General Manager, Gorakhpur -273012
5. The Central Public Information Officer, Sr. EDP Manager, North Eastern Railway, Office of The Sr. EDP Manager, Divisional Office, Lucknow Division, Lucknow, Uttar Pradesh
6. Shri Santosh Kumar Page 6 of 6