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Waman P Hangarge vs Central Railway on 25 November, 2021

                                                       CIC/CRAIL/A/2020/102748

                                  के   ीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ माग,मुिनरका
                        Baba Gangnath Marg, Munirka
                          नई द ली, New Delhi - 110067

ि तीय अपील सं या/ Second Appeal No. CIC/CRAIL/A/2020/102748

In the matter of:
Waman P Hangarge                                              ... अपीलकता/Appellant
                                        VERSUS
                                         बनाम

CPIO,                                                       ... ितवादीगण /Respondent
/Divisional Personnel Officer,
Central Railway, DRM's Office,
Personnel Branch,
Solapur Division, Solapur,
Maharashtra-413001

Relevant dates emerging from the appeal:

RTI Application filed on                   :   09.10.2019
CPIO replied on                            :   13.11.2019
First Appeal filed on                      :   23.11.2019
First Appellate Authority order            :   10.12.2019
Second Appeal received on                  :   16.01.2020
Date of Hearing                            :   24.11.2021

The following were present:

Appellant: Shri Waman P Hangarge, participated in the hearing through video
conferencing from NIC Latur.

Respondent: Shri Ramesh Iyer, Sr. DPO and PIO, participated in the hearing
through video conferencing from NIC Solapur.



                                                                           Page 1 of 5
                                                      CIC/CRAIL/A/2020/102748

                                      ORDER

Information sought:

The Appellant filed RTI Application dated 09.10.2019 seeking information on the following seven points:

"Recently DRM/P/Solapur has issued promotion order no. S&WI cadre vide office order No. 427/2019 issued vide letter No. SUR/P/Admin/Sel/Ch. S&WI/20%LDCE dated 27.09.2019 (copy enclosed). In this connection kindly provide me following information.

1) The copy of office note processed for issuing Notification for LDCE quota.

2) The copy of Notification.

3) The copy of Notification of WT.

4) The Panel of LDCE declared.

5) Office Note processed for issuing promotion order for LDCE quota.

6) The copy of proceeding of this promotion case.

7) The copy of promotion order 427/2019 issued vide letter No. SUR/P/Admin/Sel/Ch.S&WI/20%LDCE dated 27.09.2019.

The information asked by me is related to me and it is necessary for me as in the name of LDCE quota my promotion was delayed by 15 months in 4600/- GP level 7. The necessary charges for documents to be provided to me will be paid as per rules."

Shri Ramesh R. Iyer, DPO/Solapur, Central Railway vide letter dated 13.11.2019, informed to the Appellant as under:

CIC/CRAIL/A/2020/102748 Being dissatisfied, the Appellant filed a First Appeal dated 23.11.2019. The First Appellate Authority vide order dated 10.12.2019, informed as under:

"Complete information already supplied to you. Replies copies once again enclosed. You have requested to inspect all promotion files of Shri R. L. Mitragotri which is as per RTI act 2005 under sec 8(1)(g) information cannot be disclosed."

A note given by APIO (P)/SUR, Central Railway, Solapur dated 10.12.2019 is as under:

"The required information was provided vide this letter No. SUR/P/RTI/cLA/2019/WPH dated 13.11.2019 along with enclosures. The same stands good. The copy of the reply along with enclosures is enclosed herewith."

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.

Submissions made by Appellant and Respondent during Hearing:

The Appellant stated that he has not received any information with respect point no. 6 of the instant RTI Application.

The Respondent submitted that they have provided adequate information qua the instant RTI Application to the Appellant. Upon being queried by the Commission as to why the information sought in point no. 6 has been denied to the Appellant, the Respondent submitted that proceedings of the promotion is confidential information which is exempted from disclosure under Section 8 (1) (g) of the RTI Act, because it consists the names of relevant official from the panel/board, candidates and their personal information.

CIC/CRAIL/A/2020/102748 A written submission has been received by the Commission from Shri G.P. Bhagat, Sr. DPO/PIO, Solapur, vide letter dated 17.11.2021 and the same has been marked to the Appellant, 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 an appropriate reply has been provided by the Respondent and the same is being upheld. Hence, the Commission finds no further scope of intervention in the instant matter. 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: 25.11.2021 Page 4 of 5 CIC/CRAIL/A/2020/102748 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:

1. The First Appellate Authority (FAA) /ADRM, Central Railway, DRM's Office, Solapur Division, Solapur, Maharashtra - 413001

2. The Central Public Information Officer /Divisional Personnel Officer, Central Railway, DRM's Office, Personnel Branch, Solapur Division, Solapur, Maharashtra-413001

3. Mr. Waman P Hangarge Page 5 of 5