Central Information Commission
Shri P.V.Kothaiyah vs M/O Railways on 3 February, 2010
Central Information Commission
CIC/OP/A/2009/000298-AD
Dated February 3, 2010
Name of the Applicant : Shri P.V.Kothaiyah
Name of the Public Authority : M/o Railways
Background
1. The Applicant filed an RTI application dt.3.12.08 with the CPIO, Railway Board requesting for photocopies of his ACRs and for other miscellaneous information for the last 7 years.. Mrs.B.K.Minz, CPIO-II replied on 15.1.09 enclosing the information dt.7.1.09 received from Shri A.K.Sen, US(E)/Spl denying the information with regard to ACRs u/s 8(1)(j) while stating that information against points 2 and 3 must be available with the Applicant himself. With regard to point 4, he stated that the Applicant was considered for empanelmet to SAG along with his batch mates in SAG/IRSME Panels for the years 2005, 2006 and 2008 but was not recommended for promotion on the basis of his performance and will be considered again in the future panels. Not satisfied with the reply, the Applicant filed an appeal dt.3.2.09 with the Appellate Authority reiterating his request for copies of ACRs quoting the CIC Decision No.CIC/OK/A/2006/00685 dt.26.4.07.. Shri P.K.Sharma, Appellate Authority replied on 6.4.09 enclosing the information dt.2.4.09 received from Shri A.K.Sen, US(E)/Spl stating that against the CIC decision quoted by the Applicant in his first appeal, a Writ Petition No.7304/2007 has been filed in the Delhi High Court. Being aggrieved with the reply, the Applicant filed a second appeal dt.27.5.09 before CIC reiterating his request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for February 3, 2010.
3. Shri R.K.Meena, Director (Est.) and Shri Jayakumar G, Section Officer represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. Shri Jayakumar submitted that the Appellant had filed an OA No.521/209 before Hon'ble CAT/Hyderabad challenging his non-promotion to SAG and the matter is sub judice. He also admitted that the Tribunal normally requests for DPC proceedings and not the ACRs .
6. The Commission, in view of the admission of the Respondent and also keeping in view the latest decision of the Full Bench of CIC dated 19.2.09 passed in the case of Appeal No. CIC/WB/A/2007/00422 directs the PIO to provide the certified copies of the Appellant's ACRs to him free of cost by end February, 2010. The Appellant to submit a compliance report to the Commission by 10.3.10.
7. The appeal is accordingly disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri P.V.Kothaiyah Sr.DME Southern Railway Tiruchirapalli Junction Tiruchirapalli 620 001
2. The PIO Ministry of Railways O/o Joint Secretary (G) & CPIO-II Railway Board Rail Bhawan New Delhi
3. The Appellate Authority Ministry of Railways O/o Adviser (Staff) Railway Board Rail Bhawan New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC