Central Information Commission
Mr.R Rajan vs Ministry Of Railways on 31 May, 2010
Central Information Commission
CIC/AD/A/2010/000604
Dated May 31, 2010
Name of the Applicant : Shri R. Rajan
Name of the Public Authority : M/o Railways
Background
1. The Applicant filed his RTI application dt.30.9.09 with the CPIO, Railway Board. He stated that Railway Board had promoted 54 JA Grade Officers of the Engineering Department the Selection Grade vide letter dt.24.9.9.09. In this connection, he sought information against 4 points such as certified copies of the DPC proceedings, relevant circular/instructions, relevant noting file and the details of the officers who had been passed over/not considered for promotion in the above selection including reasons for the same. Shri Shivdan Singh, CPIOII replied on 29.10.09 enclosing the information dt.23.10.09 furnished by Shri A.K.Sen, Under Secretary (E) Spl who while enclosing the desired information against point 2 denied the information against rest of the points u/s 8(1)(j) of the RTI Act. Not satisfied with the reply, the Applicant filed an appeal dt.9.11.09 with the Appellate Authority reiterating his request for the information. He relied on the Full Bench Decision of the CIC in case No.CIC/AT/A/2009/000277 dtT.9.11.09 in support of his argument. Shri P.K.Sharma, Appellate Authority replied on 6.1.10 enclosing the information dt.1.1.10 furnished by Shri A.K.Sen, Under Secretary (E) spl who stated that the identity of the Applicant is not known. He added that the DPC proceedings of IRSE officers sought by the Applicant contain personal information of individual officers and are also confidential in nature, the disclosure of which does not serve any larger public interest or activity and accordingly denied the information u/s 8(1)(j) of the RTI Act. Being aggrieved with the reply, the Applicant filed a second appeal dt.3.3.10 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for May 31, 2010.
3. Shri Shiv Dan Singh, CPIO and Shri A.K.Sen, Under Secretary represented the Public Authority.
4. The Applicant was heard through audio conferencing.
Decision
5. The Respondent submitted that information was denied initially as the Appellant was seeking copies of DPC proceedings which were considered confidential in nature and because the identity of the Applicant was not known. However, relying on several CIC decisions on the subject matter, a decision has been taken to provide the information. The Commission after reviewing the information sought directs the PIO to provide complete information against points 1 and 3 pertaining only to the Appellant and as for information sought against point 4, the PIO is directed to provide only the names of the officers. The information should reach the Appellant by 1.7.10 and the Appellant to submit a compliance report to the Commission by 8.7.10
8. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri R.Rajan No.605/4, ICF Quarters Pilkington Road Ayanavaram Chennai 600 023
2. The PIO Ministry of Railways CPIO - II, Railway Board Rail Bhawan New Delhi
3. The Appellate Authority Ministry of Railways O/o Advisor (Staff) Railway Board Rail Bhawan New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC