Central Information Commission
Mr.Ram Prasad vs Ministry Of Railways on 5 August, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000697
Date of Hearing : August 5, 2011
Date of Decision : August 5, 2011
Parties:
Applicant
Shri Ram Prasad
Asst. Material Manager
Northern Railway
Char Bagh
Lucknow
The Applicant was not present during the hearing
Respondents
The Public Information Officer
Northern Railway
Headquarters Office
Baroda House
New Delhi
Represented by : Shri Rakesh Tyagi, Dy.GM/Law
Ms.bandana Sharma, Dy.CVO/A
Shri R.S.Rawat, APO/G
Ms.N.Vijayalakshmi, APO
Shri B.P.Singh, Chief Inspector
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000697
ORDER
Background
1. The Applicant filed an RTI Application dt.7.12.10 with the PIO, Northern Railway HQ. He stated that Shri Varinder Kumar, working as AMM under the control of Dy.CMM/N.Rly/JUDW has submitted the caste certificate of denotified tribe pertaining to Haryana state at the time of recruitment in railway organization and that he is getting the benefits of ST. In this context, he sought the following information:
i) the authority under which benefits of ST given to denotified tribe candidates against ST post/vacancy.
ii) the photocopy of enquiry report if any conducted by Vigilance Department regarding genuineness of caste certificate
iii) photocopy of attestation form submitted by Shri Varinder Kumar and photo copy of police verification if conducted by police department at any stage.
iv) Photocopy of caste certificate of any family member of Shri Varinder Kumar, if possible.
v) the authority under which denotified tribe candidate considered as ST and the benefits of ST category.
vi) photocopy of panel/result declared by RRB/Chandigarh and provide appointment letter appointed in Railway and also provide photocopy of all promotion order issued by Railway Administration in favour of Shri Varinder Kumar.
Shri Rajiv Bajaj, PIO replied on 31.1.11 enclosing the following point wise information furnished by Sr. Accounts Officer:
i) As per this office record, he was appointed against ST quota but which authority has given benefit of ST is not mentioned in the service book.
ii) Pertains to vigilance department
iii) No such document is available in the service book
iv) No caste certificate is available in service record
v) Why the benefit of ST has been given this office cannot comment
vi) No such document is available in our office record.
Being aggrieved with the reply, the Applicant filed a complaint dt.11.3.11 before CIC.
Decision
2. The Commission reviewed the information sought point wise and decided as given below:
Points 1, 2 and 5 : The Respondents submitted that the matter is under investigation and if the allegations are found to be true, then D&AR proceedings will be initiated for which the advice of the CVC has to be sought for framing of charges and since the charged official is a Group 'A' officer, the matter may have to be referred to the UPSC.
The Commission holds that the information is exempted from disclosure under Section 8(1)(h) of the RTI Act and that recommends that the Appellant be provided with a copy of the enquiry report and the information on action taken within 5 days of finalization of the case. Point 3: The concerned PIO is directed to provide the information. Point 4: The information sought does not fall under the definition of 'information' as defined u/s 2(f) of the RTI Act.
Point 5 : The PIO/Personnel is directed to provide the information. The information against points 3 and 5 should reach the Appellant by 5.9.11 and the Appellant to submit a compliance report to the Commission by 12.9.11.
3. The appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Ram Prasad Asst. Material Manager Northern Railway Char Bagh Lucknow
2. The Public Information Officer Northern Railway Headquarters Office Baroda House New Delhi
3. Officer in charge, NIC Note: In case, the Commission's above directives have not been complied with by the Respondents, the Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTIapplication, (2) copy of the Commission's decision, and (3) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what information has not been provided.