Central Information Commission
Santosh Kumar vs Eastern Railway (Kolkata) on 16 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/ERAIL/A/2024/614390
Santosh Kumar .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Office of the Divisional
Railway Manger Eastern
Railway, Asansol Division,
Munshi Bazar, Asansol - 713301 .... ितवादीगण /Respondent
Date of Hearing : 03.09.2025
Date of Decision : 15.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 16.12.2023
CPIO replied on : 05.01.2024
First appeal filed on : 09.01.2024
First Appellate Authority's order : 05.02.2024
Compliance of FAA order : Not on record
2nd Appeal/Complaint dated : 04.04.2024
Information sought:
1. The Appellant filed an RTI application dated 16.12.2023 (offline) seeking the following information:
"In connection with the above reference letter I beg to say that je trd exam held on dt. 24.11.2023 and panel published on dt. 08.12.2023. this regarding pl. provide details information under rti act our question is written under below-Page 1 of 8
1. Please provide allotment of marks my and all candidates with all factors and headings. (maximum-minimum marks)
2. how many reserved SC/ST candidates have been tabulated in the unreserved category along with their names and designations. Please explain
3. What is the eligibility for empanelment on panel of SC/st candidates? For je safety category
4. How many candidates are empanelment on panel for final merit
5. Has any candidate been classified as outstanding marks please explain outstanding maximum marks (if applicable)"
2. The CPIO & Sr. DPO/Eastern Railway/Asansol furnished a reply to the Appellant on 05.01.2024 stating as under:
"Reference above, information as sought for has been received from the concerned authority of the matter vide letter under reference (ii) above. The same is enclosed herewith for your information please.
Addl. Divisional Railway Manager/Eastern Railway/Asansol is the Appellate Authority of this Division."
3. The CPIO & Ch. Office superintendent/confdl. Eastern Railway/Asansol furnished a point-wise reply to the Appellant on 02.01.2024 stating as under:
"1. Mark sheet of the selection has already been published in Eastern Railway's website address, www.er.indianrailways.gov.in. Allotment of marks is as per guidelines issued in RBE No.137/2003 which is available in Railway Board's website address. Grading of APARS for the last 3 years is already available with the applicant through HRMS module. Grading of APARs of other candidates cannot be disclosed to others as per Section 8(1)(j) of RTI Act.
2. Result published vide letter No. E/Elect/JE/IAM/25%/TI:D/23, dt. 19.12.2023 is enclosed herewith which is self explanatory in this respect.
3. As per RBE No. 137/2003.
4. As per item no. 2 above.Page 2 of 8
5. Grading of APAR of an individual is the personal information and cannot be disclosed to others as per Section 8(1)(j) of RTI Act.."
4. Being dissatisfied, the appellant filed a First Appeal dated 09.01.2024. The FAA vide its order dated 05.02.2024, held as under:
"Reference above, your RTI representation and your RTI appeal has been perused carefully and reply received from PIO & Sr. DPO /Eastern Railway /Asansol vide letter under reference (ii) as mentioned above are enclosed herewith for your information.
Your appeal is thus disposed of accordingly."
5. The CPIO & Sr. DPO/Eastern Railway/Asansol furnished a point-wise reply to the Appellant on 31.01.2024 stating as under:
"Reference above, information in respect of appellant, Sri Santosh Kumar's RTI representation has already been provided vide this office letter of even no. dt. 05.01.24 However, photocopy of the same is enclosed herewith.
In view of RTI appeal it is intimated that information / remarks has been provided to the appellant in right manner and as per the provision of RTI Act. Nothing more in this regard is available to provide the same to the appellant please."
6. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
7. A written submission dated 27.08.2025 (copy to the Appellant) filed by Shri Bubble Yadav, Sr. DPO/CPIO is taken on record. Contents of the same are reproduced below:
"BACKGROUND:
(i) A written test for selection for the post of JE/Elect./TRD in Level-6 against 25% IA Quota in Electric/TRD Department of Asansol Division was held on 24.11.2023 wherein Sri Santosh Kumar, the present appellant was one of the candidates.
(ii) Sri Santosh Kumar, the present appellant secured 82.04 in the written examination out of 100.
(iii) In such selection, final panel is prepared based on the marks obtained in the written examination which is calculated on out of 50 and the marks obtained in preceding 3 years grading of APAR. (Total marks: 30).Page 3 of 8
(iii) Name of Sri Santosh Kumar did not appear in the list of the finally selected candidates after drawing the panel as per the guidelines available in Para-219 (j) of IREM Volume-I. The appellant Sri Santosh Kumar preferred an online RTI representation ERASD/R/E/23/00429 dt. 24.11.2023 (Annexure A) wherein he sought information regarding following in connection with the above written examination held on 24.11.23.
Sl. No. (1) of the RTI representation:
Inf. sought Provide allotment of marks my and all candidates with all factors and headings. (Maximum minimum marks) Inf. supplied Mark sheet of the selection has already been published in Eastern Railway's website address, www.er.indianrailways.gov.in. Allotment of marks is as per guidelines issued in RBE No.137/2003 which is available on the Railway Board's website address. Grading of APAR's for other candidates cannot be disclosed to other as per Section 8(1)(j) of RTI Act.
Submission:
(i)The result of the said test is available in the website address.
(ii)As informed to the appellant, procedures for holding selections for promotion to posts classified as 'Selection' is enumerated in RBE No. 137/2003. (available in Railway Board's website address).
(iii)RBE No. 137/2003 states about certain provision of IREM Volume-I which is also available in Railway Board's website address.
(iv)Written test marks of all the candidates including the appellant is available in the marksheet published in the website address.
(v)He had sought marks of all candidates and his marks with all factors and headings.
(vi)All factors and heading marks include the decodifying marksheet prepared by the selection committee members which include the APAR marks of other candidates. The same was denied as per Section 8(1) (j) of RTI Act.
(vii)Written test marks of the appellant is already available in the published marksheet.
(viii)With the introduction of Human Resource Management System (HRMS) APAR module, the whole APAR has become online right from self-appraisal, reporting, accepting and generation of the final APAR.
Every Railway employee can view his/her APAR position by logging into the HRMS account.
(ix)For this reason, it was informed to the appellant that grading of APAR for the period of 2020-21, 2021-22 and 2022-23 in favour of the appellant is already available in his HRMS account.
Page 4 of 8It may kindly be seen that all the information as available was sent to the applicant. except APAR grading of other candidates which was denied as the personal information of the candidate as per Section 8(1)(j) of RTI Act. SI No (2) of the RTI Inf. Sought How many reserved SC/ST candidates have been tabulated in the unreserved category along with their names and designation. Please explain. Inf. Supplied Result published vide letter no. E/ Elect/ JE/ IAM/25%/ TRD/23 dt. 19.12.2023 is enclosed herewith which is self explanatory in this respect. Submission Names of the staff who have been placed in the provisional panel as per merit is reflected in a communication from Sr. Divisional Personnel Officer/Eastern Railway/Asansol to Sr. Divisional Electrical Engineer/TRD/Eastern Railway/Asansol vide letter E/ Elect/ JE/ IAM/ 25%/ TRD/23 dt. 19.12.2023 as provided to the appellant.
The said letter clearly states that 3 number of candidates have been found suitable as JE/Elect./TRD and all the 3 candidates have been placed against UR vacancy. Community of the candidates has been mentioned against each. (copy enclosed). (3) Sl. No. (3) of the RTI representation:
Inf. Sought What is the eligibility for empanelment on paper of SC/ST candidates? For JE safety category.
Inf. Supplied Submission As per RBE no. 137/2003 RBE No. 137/2003 has circulated Advance Correction Slip No. 150 by amending Indian Railway Establishment Manual. Volume-1. 1989. Para 1(iii) of said correction slip states that "Candidates must obtain a minimum 60% marks in professional ability and 60% marks of the aggregate for being placed on the panel". Sl. No. (3) of the RTI representation:
Inf. Sought What is the eligibility for empanelment on paper of SC/ST candidates? For JE safety category.
Inf. Supplied As per RBE no. 137/2003 Submission RBE No. 137/2003 has circulated Advance Correction Slip No. 150 by amending Indian Railway Establishment Manual. Volume-1, 1989. Para 1(iii) of said correction slip states that "Candidates must obtain a minimum 60% marks in professional ability and 60% marks of the aggregate for being placed on the panel". Sl. No. (4) of the RTI representation:Page 5 of 8
Inf. Sought How many candidates are empanelment on panel for final merit. Inf. Supplied As per item no. 2 above Submission Result published vide letter no. E/ Elect/ JE/IAM/25%/ TRD/23 dt. 19.12.2023 was enclosed in view of his information sought under item no. (2). As stated above, said letter clearly states that 3 employees were empanelled in the said selection.
Sl. No. (5) of the RTI representation:
Inf. Sought Has any candidate been classified as outstanding marks please explain outstanding maximum marks (if applicable) Inf. Supplied Grading of APAR of an individual is the personal information and cannot be disclosed to others as per section 8(1)(j) of RTI Act.
Submission Marks of APARs are allotted on the basis of grading of APARs as Outstanding. Very Good and Good. The same was denied under Section 8(1)(j) of RTI Act. An appeal in this respect was also preferred by the appellant Sri Santosh Kumar before AA & ADRM/ Eastern Railway/ Asansol vide his online RTI appeal registration no. ERASD/A/E/24/00004 dt.09.01.24 (Annexure C). AA & ADRM/Eastern Railway/Asansol disposed off his appeal vide letter dt. 05.02.2024. (Annexure - D) It is humbly submitted that all the information as available to this office has already been sent to the appellant."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference. Respondent: Shri Swapnil Bandopadhyay, APO/ APIO present through video conference.
8. Proof of having served a copy of second appeal on respondent while filing the same in CIC on 04.04.2024 is not available on record. The Respondent confirms non-service.
9. The Respondent while inviting attention of the Commission towards the contents of their averred written submission submitted that point-wise reply along with relevant permissible information has already been provided to the Appellant earlier vide letters dated 05.01.2025 and 31.01.2024. Further, upon Page 6 of 8 receipt of hearing notice from the Commission a revised reply has been furnished to the Appellant vide letter dated 27.08.2025.
10. On a query, the Appellant affirmed the receipt of all replies from the Respondent. However, he expressed his dissatisfaction on the grounds that marks/grading of ACR of other candidates has been wrongly denied by the CPIO under Section 8 (1)(j) of the RTI Act. In this regard, he sought intervention of the Commission.
Decision:
11. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observes that as far as RTI application is concerned appropriate replies have been made provided by the Respondent vide letters dated 31.01.2024, 05.01.2024 and also now vide written submission dated 27.08.2025 which are as per the provisions of the RTI Act.
12. Further, the issue raised by the Appellant regarding non-disclosure of APAR grading of other candidates are in the form of extended relief which was never sought in his original RTI application.
13. In view of the above, no relief can be granted in the matter.
14. The Appellant is at liberty to file fresh RTI application for any further information.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 7 of 8 Copy To:
The FAA, Office of the Divisional Railway Manger, Eastern Railway, Asansol Division, Munshi Bazar, Asansol - 713301 Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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