Central Information Commission
Mr.Bachan Singh vs Ministry Of Railways on 6 February, 2012
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/002521
Date of Hearing : February 6, 2012
Date of Decision : February 6, 2012
Parties: (heard through videoconference)
Appellant
Shri Bachan Singh
Village Nagla Tejpal
Post Tundla
Distt. Firozabad (U.P.)
283 204
The Appellant was present.
Respondents
North Central Railway
Allahabad Division
Allahabad
Represented by: Shri Sanjeev Kumar, Sr. DPO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/002521
ORDER
Background
1. The Applicant filed his RTIapplication (dated 12.05.2011) with the PIO, North Central Railway, Allahabad Division. Through this application, the Applicant wanted to know: "reason for not granting VRS on the basis of the order of DRM/Allahabad (Agreed VR); what is the basis for showing the Applicant retired from the post of Chief Trains Clerk which he never joined and more so that the then DRM/ALD had agreed to grant him VR instead of accommodating him against any other category; reasons for applying different yard stick in same and similar case with the relevant rule" The Applicant also cited example of two employees (viz., Shir Bhagwati Prasad and Shri Ram Kishan Verma)who were given alternate job of Chief Trains Clerk but given VR as Loco Plot. Since the Applicant did not receive any reply from the PIO, he filed his first appeal with the Appellate Authority (AA) on 08.08.2011. Subsequent to this appeal, the PIO on 16.09.2011 informed the Applicant that his queries do not come under the RTIAct and hence cannot be answered. The Appellant, aggrieved with the PIO's reply, filed the present petition before the Commission on 12.10.2011 requesting that necessary action be taken on the present matter. Decision
2. During the hearing, the Appellant stated that he continued as medically decategorized driver for 10 years in the public authority, while refusing the VRS. However, eventually he was given alternate post of Chief Trains Clerk, and on being remained absent from duties in the alternate post he sought the VRS. He stated that he wants the retirement as goods driver and not as Trains Clerk because it will fetch him higher emoluments. He requested the Commission to intervene in the matter and direct the Respondents to ensure that he retires as running staff.
3. The Appellant's demand here cannot be fulfilled since it lies beyond the ambit of the RTIAct. However, in the interest of the Appellant, it is directed that the PIO, on a day, time and place to be identified for the purpose and intimated to the Appellant in advance, shall allow the Appellant to inspect files in respect of both the employees he has mentioned in his RTIapplication who according to the Appellant had been given alternate posts on medical decategorization where as he was not, as well as his own. Following the inspection, the Appellant shall be entitled to receive attested copies of documents, which he might select from the inspected records. The PIO is however directed to excise under Section 10(1) of the RTIAct those portions of information (like medical reports; deductions; nominees details etc.,) from the documents related to the above two employees which is exempt under Section 8(1)(j) of the RTIAct. This is to be done by 10.03.2012.
4. Appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Bachan Singh Village Nagla Tejpal Post Tundla Distt. Firozabad (U.P.) 283 204
2. Appellate Authority (RTI) North Central Railway DRM office Allahabad Division Allahabad
3. Public Information Officer & Sr. DPO North Central Railway DRM office Allahabad Division Allahabad
4. Officer incharge, NIC