Central Information Commission
Mr.Jaikant Jha vs Ministry Of Railways on 9 October, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001650
Date of Hearing : October 9, 2012
Date of Decision : October 9, 2012
Parties:
Applicant
Shri Jaikant Jha
Vill - Sanha purb Tola
PO - Sanha
Thana - Sahebpur Kamal
Begusarai 851 219
Bihar
The Applicant was heard through audio
Respondents
Ministry of Railways
O/o CPIO91 and DIG/RPSF
Railway Board
Rail Bhawan
New Delhi
Represented by : Shri Rattan Chand, PIO
Shri Gopal Gupta, AA
Ms. Sheela Verma, Director
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001650
ORDER
Background
1. The Applicant filed an RTI application dt.11.11.11 with the PIO, Railway Board seeking information against fourteen points in connection with his request for mutual transfer of his soninlaw Kumar Amardeep, including information related to sensitive posts . The PIO replied on 16.12.11 furnishing point wise information. Not satisfied with the reply, the Applicant filed an appeal dt.5.1.12 with the Appellate Authority. On not receiving any reply from the FAA, the Applicant filed a second appeal dt.28.2.12 before CIC. Decision
2. During the hearing, the Respondent from railway Board submitted that Appellate Authority had disposed off the first appeal vide order dt.7.3.12 . He explained that the allegations leveled against the Public Authority (as given in the second appeal) that Kumar Amardeep ASI was placed under suspension on 13.2.12 on instructions from IG/RPSF and the Deputy Secretary because he had sought information under RTI are entirely baseless since his suspension orders were issued at the battalion level by the competent authority without any interference of the Railway Board. The Respondent stated that all available records prove this fact and also that the matter for which the employee was suspended was a purely disciplinary and violation of rules issue.
3. The Appellant who was heard through audio conferencing sought the following information on following points as per details given below:
i) The reasons as to why Shri Bharat Bhushan and Bharat Kumar in sensitive posts have been posted at one place for a long period, against point 11.
ii) about six posts in Trichy The PIO is directed to allow inspection of concerned files regarding the above two queries by the Appellant on a mutually convenient date and time and to provide him with attested copies of documents identified by him on payment of Rs.2/ per page. This exercise to be completed within one month of receipt of this order.
iii) The Appellant want reasons for establishing five posts in addition to sanctioned posts The Respondents submitted that this has been done as per rules . The Respondent's contention, however was refuted by the Appellant..
It is directed that the PIO is directed to furnish an affidavit to the Commission with a copy to the Appellant explaining therein the basis of establishment of the additional posts and affirming his position that this has been done as per rules. The affidavit should reach the Commission/Appellant within one month of receipt of this order.
3. The appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G. Subramanian) Deputy Registrar Cc
1. Shri Jaikant Jha Vill - Sanha purb Tola PO - Sanha Thana - Sahebpur Kamal Begusarai 851 219 Bihar 2 The Public Information Officer Ministry of Railways O/o CPIO91 and DIG/RPSF Railway Board Rail Bhawan New Delhi 3 Officer in charge, NIC