Central Information Commission
Mr.Laxmi Narayan Gubrele vs Ministry Of Railways on 9 July, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000982
Date of Hearing : July 9, 2012
Date of Decision : July 9, 2012
Parties:
Applicant
Shri Laxmi Narayan Guvrele
149 Daru Bhodela
Jhansi
Uttar Pradesh
The Applicant was present at NIC Studio, Gwalior
Respondents
North Central Railway
Rail Spring Workshop
Sithouli
Gwalior
Represented by : Shri Y.B.Shahare, PIO
Shri K.B.Khattar, Sr.PO
NIC Studio, Gwalior
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000982
ORDER
Background
1. The Applicant filed an RTI application dt.10.3.11 with the PIO, Rail Spring Workshop, Sithouli seeking information about one Mr. M.S.Siddiqui, OSII including the basis on which he was appointed in the railways, where he was appointed and in what post, copy of the medical decategorization certificate issued to Mr. Siddiqui declaring him as medically unfit and copies of all the communication in respect of his medical decategorization. On not receiving any reply, the Applicant filed an appeal dt.26.4.11 with the Appellate Authority. The PIO replied on 9.5.11 enclosing the comments provided by the Sr. Personnel Officer who vide his note dt.6.5.11 stated that information cannot be provided since there is no larger public interest in disclosing the information. Being aggrieved with the reply, the Applicant filed a second appeal dt.Nil before CIC seeking complete information. Decision
2. During the hearing, the Commission reviewed the information sought point wise and decided as given below:
Point 1 The Commission finds no reason for denying the information as the same relates to the appointment of Mr. Siddiqui which should in any event be displayed in the public domain as a mandatory requirement u/s 4 (2) of the RTI Act. The PIO is therefore directed to provide complete information against this query to the Appellant.
Point 2 The Commission directs the PIO to provide a copy of the medical decategorization certificate issued to Shri Siddiqui, to the Appellant after invoking sec.10(1) to sever those details (Any health related matter) if any, that are personal to Mr. Siddiqui , the disclosure of which will cause unwarranted invasion of the privacy of the individual. Point 3 The Commission denies the disclosure of reports of health check ups of Mr. Siddiqui u/s 8(1)(j) since the information is personal in nature , the disclosure of which would invade the privacy of the individual concerned and since the disclosure has no relation with any larger public interest or activity.
Point 4 The PIO is directed to provide the rule that was followed, if any, while posting Mr. Siddiqui as Sr.Clerk on transfer and the reasons for not following the bottom most seniority. The information should reach the Appellant by 16.8.12.
3. The appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (Tarun Kumar) Addl. Registrar Cc:
1. Shri Laxmi Narayan Guvrele 149 Daru Bhodela Jhansi Uttar Pradesh 2 The Public Information Officer North Central Railway Rail Spring Workshop Sithouli Gwalior
3. Officer in charge, NIC