Central Information Commission
C P Singh vs Western Railway Mumbai on 22 March, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/WRAIL/A/2023/106742
C P SINGH .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
Western Railway,
Headquarters Office,
Churchgate, Mumbai - 400020 ....प्रनर्वािीगण /Respondent
Date of Hearing : 19-03-2024
Date of Decision : 22-03-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 25-07-2022
CPIO replied on : 15-09-2022
First appeal filed on : 06-10-2022
First Appellate Authority's order : 21-11-2022
2nd Appeal/Complaint dated : 31-01-2023
Information sought:
The Appellant filed an RTI application dated 25-07-2022 seeking the following information:
"1- Please give Information with documentary proof, under which Rule of R. S. (D & A) Rules 1968, not taken DAR action by Hon'ble COM-CCG, in reference of my Revision Petition of dated- 03/4/2018, submitted as per ADRM- BVP's letter of dated- 30/01/2018.Page 1 of 7
2- Please give Information with documentary proof, under which Rule of R. S. (D&A) Rules 1968, DAR action taken by Hon'ble CTPM - CCG instead of COM-CCG in reference of my Revision Petition of dated-03/4/2018.
3- Please give one copy of para wise Remarks and reply given by Hon'ble COM- CCG in reference of my representation of dated- 04/6/2020 send by Rd. Ad.
4- Please give one Xerox copy of para wise remarks and reply given by Hon'ble COM- CCG in reference of my representation of dated-21/2/2021, send by Rd. Ad.
5- Please give one Xerox copy of para wise Remarks and reply given by Hon'ble COM- CCG in reference of my representation of dated-30/9/2021, send "Through proper Channel" under RD. AD. on dated- 04/10/2021.
6- Please give R. S. (D & A) Rules 1968, under which, my Mercy Petition of dated- 12/5/2019 was not Forwarded by Hon'ble CTPM- CCG to Hon'ble "President of India".
7-Please give copy of Railway Board Policy/ Railway Rule, on that base mentioned in the in the GM(E)-CCG letter No. ET/767/6 (L) BVP of dated- 10/5/2019 item No. i)- that-" Employee has retired from Railway on 31/1/2018 as such question of promotion to Gr." B " does not arise.
8- Please give information with documentary proof regarding action taken by Hon'ble GM(E)- CCG in reference of the above letter of 10/5/19 item No. ii)- Railway Administration can look in to the matter and if increment is due as on 01/8/2003 same can be given.
9- Please give Information with documentary proof, in reference of every item on that base, mentioned in the last Para of the letter of dated- 10/5/2019, that-" No any dues e.i. Seniority, Fixation, Promotion, Payment etc. in pending to Shri C P Singh".
10- Please go through GM(E)-CCG letter No. ET/1030/4/A/ACM(Regular) of dated- 20/7/2016 item No. i) and give information with documentary proof regarding "corrective action has been taken by administrator, in the case of Shri Ajay Saxena since- 20/7/2016 to till date- 25/7/2022.
11-Please give present Designation and Scale of pay of my Junior Shri Ajay Saxena.
12- In the last Para of the above letter of Dt.- 20/7/2016 mentioned that- "No junior has been called and empanelled. Please give Information with documentary proof that- Shri.- Ajay Saxena is not nay Junior as per integrated seniority issued vide letter No. ET/1030/4(AOM/ACM) (Regular) of dated- 30/9/2009, as his name is at Sr. No. 94, while my name is at sr. No. 91.
13- Please give Information that- How many Year Service is required for getting 3'rd MACPS, after the date of 1'st promotion as per Rly Bd's Letter No. PC-VI/110 & No. PC V/2009/ACP/2 of Dt. 10/06/2009 (RBE No. 101/2009).
Page 2 of 714- Please give Information regarding action taken by administrator in reference of my represent ation of dated- 30/5/2022 submitted personally to Hon'ble CPO(ADM) on dated-30/5/2022.
15- Please go through the enclosed Promotion order of dated- 26/5/94 and give information that-" is there any remark in this order regarding pending any SLP in Supreme Court against this promotion order of dated- 26/5/94. (Ann.2).
16- Please give Information with documentary proof that- "One Traffic Apprentice can be posted in SS/SM category without taking/passing Psycho test.
17- One TFC. App. Selected on dated- 20/12/1985 and posted as T. I. on dated- 21/10/1988. Please give Information with documentary proof that- After about 20 years he can be posted as SS without passing any Psycho Test.
18- Please give Information with documentary proof reading, action has been taken by Hon'ble General Manager, W.R. H.Q. till date- 25/7/2022, as per Hon'ble CAT- Mumbai's Judgement of O. A. No. 285/2015 of dated- 8/11/2016, in the case of Shri- Ajay Saxen.
19- As per Integrated Seniority issued vide letter No. ET/1030/4(AOM/ACM) (Reg.) of dt.- 30/9/20 09 my name is notified at Sr. No. 91, above Name of Shri- 1. R. Pasi at Sr. No. 95. Please give Information with documentary proof That "under which Rule my name is not notified at Sr. No. 2, above my junior Shri- I. R. Pasi (Sr. No. 3) in the 'B' list of the Notification No. E(G) 1024/4/1 (AOM) (Regular) of dated-31/10/2013.
20- As per HQ. above letters of dated-30/9/2009, Notification No. E(G)1024/4/1(AOM)(Regular) of dated-31/10/2013 and Dy. (NG) letter No. E/T & C/1030/4(AOM/ACM)(Reg.) of dated-02/6/17 Shri- S. C. Nahar DTI- BRC is Junior to me. Please give Information with documentary proof that-" Under which rule my name is not interpolated above My Junior Shri - S. C. Nahar in the final Notification No. E(G) 1024/4/1(AOM)(Regular) of dated-23/12/2013.
21- As per above letters of dated-30/9/2009, 31/10/2013 and 02/6/2017, Shri- S. C. Nahar is Junior to me. Please give the reason for not interpolated my name above my Junior Shri- S. C. Nahar, as per my representation of dated- 21/01/2014.
22- Please give Information regarding action taken by H.Q. in reference of my representation of dated- 07/01/2019 (Sub- Request for MACP since Dt. 01/01/06 instead of Dt. 01/9/08).
23- Please give one copy of letter issued by HQ. in reference of my representation of dated- 18/7/2022 with copy of CAT- ADI Judgement of dated- 30/4/2022.
Page 3 of 724- Please give one copy of my representation of dated- 21/01/2014, in which refrence given reply by HQ. vide letter No. ET/1030/4 (AOM/ACM) of dated- 22/4/2014.
25- Please go through the Integrated seniority issued by HQ. vide letter No. E/T/1030/4(AOM/ACM) (Reg.) Dt.- 30/9/2009 and give Information with documentary proof that- The date of Apptt. (09/04/1990) And date of Entry in Scale- 5500-9000(24/3/1988) of Shri- M. S. Anand (Sr. No. 82) are correct and is it possible to get promotion in Scale+ 5500-9000(on dated- 24/03/1988) before the Appointment date- 09/04/1990. Please give Information that what is the fects.
26- Please give one copy of letter circulated by HQ.in reference of Railway Board's letter No. E(GP)99/2/22 of dated-29/3/2010 (REB No. 46/2010)."
The CPIO furnished a point-wise reply to the Appellant on 15-09-2022 stating as under:
"1 Pertains to DAR section.
2 Pertains to DAR section.
3 The above representation has not received by E(T&C) section. 4 The above representation has not received by E(T&C) section. 5 You have already been replied vide this office letter No. ET/767/4/6/BVP dated 14.12.2021.
6 Not pertain to this section.
7 Reply in the matter given dated 10.05.2019 is stand good. 8 The concern employee was working under BVP division and all relevant documents available in BVP division.
9 The concern employee was working under BVP division and all relevant documents available in BVP division.
10 Pertains to Gazetted section.
11 Not pertains to this section.
12 The matter is subjudice.
13 Copy of Railway Board's letter No. PC-V/2009IACP12 dated 29.12.2011 is enclosed.
Page 4 of 7 14 The case is under examination.
15 Pertains to BVP division.
16 The post of SS/SM controlled by division, information may be obtained from division.
17 TI post controlled by division, information may be obtained from division. 18 Pertains to Gazetted section.
19 Being a old record, file is not available as per retention schedule. 20 As per Boards letter No.GP 81/2/87 dated 28.05.1983 seniority should be maintained within each stream 21 As per Boards letter No.GP 81/2/87 dated 28.05.1983 seniority should be maintained within each stream 22 Information may be obtained from division. 23 This office has advised to BVP division reply to concerned party directly. 24 Copy enclosed.
25 Being a old record, file is not available as per retention schedule. 26 Copy enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 06-10-2022. The FAA vide its order dated 21-11-2022, held as under:-
"इस सं दर्भ में आपको सू चित चकया जाता है चक आवेदक ने अपील द्वारा मां गी गई सूिना से वा चववरण/ promotion/ reply of representations के मामले में चिकायत चनवारण है आरटीआई अचिचनयम 2005 के 2 (जे )) के अनुसार सूिना के चनपटान के संदर्भ में सावभ जचनक प्राचिकरण से चसर्भ सूिना दे ने का प्राविान है । आवश्यक जानकारी प्रदान करने के चलए जो सामग्री चजस उपलब्ध रूप में है वही जानकारी दी जा सकती है और जनसूिना प्राचिकार जानकारी / सामग्री से चनष्कर्भ चनकालने या घटाने के चलए बाध्य नहीं है . आरटीआई अचिचनयम चिकायत चनवारण तंत्र नहीं है और चिकायत का चनवारण आरटीआई अचिचनयम के दायरे से बाहर है . कुल चमलाकर अपीलकताभ ने अपने से वा मामों पर से अचिक अभ्यावेदन दायर चकए 25और सर्ी अभ्यावे दनों का समयसमय पर उत्तर चदया गया है चिकायतकताभ से अनुरोि है चक इस तरह के दोहराए जाने वाले, पू छताछ वाले प्रश्न, चिकायत, Page 5 of 7 राय, चनदे ि. अनुचित प्रश्न सावभजचनक प्राचिकरण को प्रस्तुत करने से बिें । इस वर्भ के दौरान अपीलकताभ को उसके अभ्यावे दन पर चदए गए उत्तरों की प्रचतयां सं लग्न हैं अतः आपको सूचित चकया जाता है चक आप दु सरी अपील केन्द्रीय सूिना आयोग, नई चदल्ली को दििाभ ये गये पते पर कर सकते हो।"
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri C.P. Singh, attended the hearing. Respondent: Shri Ram Prasad, Deputy Chief Personnel Officer & CPIO, attended the hearing.
The Appellant stated that an incomplete reply has been received from the Respondent.
The Respondent submitted that he would provide a revised and comprehensive reply qua the instant RTI Application to the Appellant after obtaining the relevant information from the concerned custodian of the information.
A written submission has been received from Shri M.L. Nagda, Deputy CPO and CPIO, Western Railway, vide letter dated 14.03.2024, a copy of which has been sent to the Appellant and the same has been taken on record.
A copy of written submission has been received from Shri Amar Singh Sagar, PIO & Sr. DPO, vide letter dated 15.03.2024, a copy of which has been sent to the Appellant and the same has been taken on record.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that an incomplete reply has been received from the Respondent. The Commission takes an adverse view of the fact that even after receipt of the hearing notice from the Commission, the Respondent did not take any initiative to send a Page 6 of 7 proper response to the Appellant. The Respondent is advised to be more proactive in future while handling RTI matters and readily provide information to the information seekers.
Therefore, the Commission deems it fit to direct the CPIO to provide a revised and comprehensive reply qua the instant RTI Application to the Appellant, within four weeks from the date receipt of this order. In the event Respondent is required to seek further assistance from any other office/officer for compliance with the above directions, the same shall be sought by invoking Section 5(4) of RTI Act.
The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Dated: 22-03-2024.
Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date Page 7 of 7