Central Information Commission
Mr.S K Shukla vs Ministry Of Railways on 29 October, 2010
Central Information Commission
CIC/AD/A/2010/001172
Dated: October 29, 2010
Name of the Applicant : Shri S.K. Shukla
Name of the Public Authority : Central Railway, Nagpur
Background
1. The RTI application was filed by the Applicant on 04.12.09 with the PIO, Central Railway, Nagpur, seeking the following information:
(i) As per HOER rules there should be one day rest in a week. However, as per present Guard detail link, first rest falls after 17 days, second after 15 days and third after 14 days. Whether there is any change in HOER Rules?
(ii) Whether Guard detail link is approved by personnel branch?
(iii) If the Guard link is not approved by Personnel branch, how the same is implemented?
The PIO replied on 18.12.09 stating as under:
(i) Running staff is entitled for 4 rest of 30 hours and 5 rest of 22 hours within a month. There is no mention in HOER regarding normal and abnormal conditions.
(ii) There is no change in HOER rule
(iii) Guard link is approved by Personnel Branch
In reply to the first appeal stating that the information furnished is wrong and misleading (appeal not enclosed) the Appellate Authority replied on 3.2.10 stating that he had perused the RTI application aa also the information furnished by the PIO and had noted that information regarding rest available for running staff and approval of guard link, has been correctly furnished to the Applicant and that the Applicant in his appeal has not demonstrated as to how the information is wrong. Not satisfied with this reply the Appellant filed his second appeal on 16.6.10 giving grounds for the second appeal and requesting that based on the rules and orders mentioned in the grounds, to provide the required information with regard to point 3 of the RTI application.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for October 29, 2010.
3. Shri B.M.Shikare, PIO and Shri Sanjay Kumar Das, Deemed PIO represented the Public Authority and were heard through video conferencing.
4. The Appellant was present alongwith Mr. M.P. Dev who represented him during the hearing. Decision
5. During the hearing in response to the Appellant's query whether the said rules had been amended, the Respondents stated that they had not been amended. The Appellant wanted to know how if the HOER rules had not been amended, how the present Guard detail link including first rest after 17 days, second after 15 days and third after 14 days, is being implemented in violation of the HOER rules.
6. The Commission after hearing both sides, directs both the Appellate Authority & PIO to give the Appellant a personal hearing to clarify all the doubts of the Appellant has with regard to the HOER rules being implemented within 15 days of receipt of this Order and the Appellant to furnish a compliance report to the Commission, before 15th November, 2010.
7. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri S.K. Shukla H.No.69, Surendra Nagar RPTS Road Nagpur 440015
2. The Public Information Officer Central Railway Divisional Railway Manager's Office Nagpur - 440001
3. The Appellate Authority Central Railway Divisional Railway Manager's Office Nagpur - 440001
4. Officer Incharge, NIC