Central Information Commission
Mr.Rais Ahmad vs Ministry Of Railways on 6 March, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000616
Date of Hearing : March 6, 2012.
Date of Decision : March 6, 2012.
Parties:
Applicant
Shri Rais Ahmad
BBR/09SF 0440411
C.Coy No. 9BN/RPSF
Jagadhari Workshop
Haryana.
Applicant was present.
Respondent(s)
Ministry of Railways
Railway Board
O/o the DIG/RPSF & CPIO 91
Raisina Road
New Delhi.
Representative : Shri Rattan Chand
Shri Janardan Ojha
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000616
ORDER
Background
1. The RTI Application dated 15.7.11 was filed by the Applicant with the PIO, Railway Board, New Delhi. He stated in his application that he has not got the category change to Constable from his present post of Follower even though he has passed Matric and has been working on the same post for 8 years. According to him the category change ought to have taken place as per rules after five years of service. The Applicant further stated that applications were invited by Railway Board on 13.3.2009 and an examination was held in June which was later cancelled. Again on 24.11.09 applications were invited by the Railway Board . According to the Applicant the Railway Board has so far not fixed the exam date. In this connection the Applicant wanted to know the reasons for the delay in fixing the exam date. The PIO replied on 19.8.11 informing the Applicant that "Due to large number of vacancies the proposed selection could not be held." Thereafter the Applicant filed his first appeal on 19.9.11 to which the Appellate Authority replied on 18.10.11 upholding in his order the decision of the PIO. The AA further added that "Since the position still remains the same, as such date/time of conducting the screening test for change of category and date of counting of age for the purpose can not be indicated/defined at the present juncture." The Appellant filed his second appeal before the Commission seeking once again the reasons as to why his category has not been changed from Follower to Constable . Decision
2. During the hearing the Appellant requested the Commission to direct the Public Authority to promote him to his Senior grade since has completed five years of service. The Commission however holds that the relief being sought by the Appellant cannot be granted since the same falls outside the ambit of the RTI Act. As far as the information is concerned, it is noted from the submission of the Respondent that the reasons for not refixing the examination date are not available in the concerned file.
3. The appeal is therefore dismissed and the case directed to be closed..
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar 1 Shri Rais Ahmad BBR/09SF 0440411 C.Coy No. 9BN/RPSF Jagadhari Workshop Haryana.
2. The Public Information Officer Ministry of Railways Railway Board O/o the DIG/RPSF & CPIO 91 Raisina Road New Delhi.
3. The Appellate Authority Ministry of Railways Railway Board O/o the DIG/RPSF & CPIO 91 Raisina Road New Delhi.
4. Officer In charge, NIC.