Central Information Commission
Ashok Kumar vs North Eastern Railway (Gorakhpur) on 19 January, 2021
CIC/NERLG/A/2019/103949
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/NERLG/A/2019/103949
In the matter of:
Ashok Kumar ... अपीलकता/Appellant
VERSUS
बनाम
1.CPIO, ... ितवादीगण /Respondent
/Dy. Secretary, North Eastern
Railway, O/o General Manager
Gorakhpur, Uttar Pradesh.
2.CPIO,
/Divisional Personnel Officer,
North Eastern Railway, Personnel
Department, O/o the General
Manager, Gorakhpur.
3.CPIO,
/Deputy Secretary (Confidential),
North Eastern Railway,
O/o the General Manager,
Gorakhpur, Uttar Pradesh
4.CPIO,
/Sr. EDPM, North Eastern
Railway, Lucknow Division,
Lucknow, Uttar Pradesh.
Page 1 of 11
CIC/NERLG/A/2019/103949
5.CPIO,
Prime Minister's Office,
South Block, New Delhi.
Relevant dates emerging from the appeal:
RTI : 21.06.2018 FA : 14.09.2018 SA : 25.01.2019
CPIO : 25.06.2018 FAO : 15.10.2018 Hearing : 13.01.2021
The following were present:
Appellant: Shri Ashok Kumar participated in the hearing through video
conferencing from NIC Gorakhpur.
Respondent: Shri Pradeep Kumar, APIO and SPO-Headquarter, Shri Afzal
Ahmad Khan, APIO and Asst. Secretary (Confidential) participated in the hearing
through video conferencing from NIC Gorakhpur. Shri Vivekanand Mishra, Asst.
Personnel Officer participated in the hearing through video conferencing from NIC
Lucknow. Shri Praveen Kumar, Under Secretary-RTI Cell, O/o. PMO participated
in the hearing in person.
ORDER
Information sought:
The Appellant filed an RTI Application dated 21.06.2018 seeking information through fifteen points pertaining to his application dated 18.03.2016 addressed to Sr. Divisional Personnel Officer, Lucknow, Divisional Railway Manager, Lucknow, General Manager Personnel, Gorakhpur regarding appointment on compassionate grounds.Page 2 of 11
CIC/NERLG/A/2019/103949 Page 3 of 11 CIC/NERLG/A/2019/103949 Page 4 of 11 CIC/NERLG/A/2019/103949 Page 5 of 11 CIC/NERLG/A/2019/103949 Page 6 of 11 CIC/NERLG/A/2019/103949 The CPIO vide letter dated 25.06.2018 transferred the RTI Application u/s 6(3) to CPO/PIO Personnel NER Gorakhpur, Deputy Secretary, Confidential & APIO Manager, NER Gorakhpur, Sr. EDPM & PIO, Lucknow Division NER Lucknow, Under Secretary, RTI & CPIO, PMO House, South Block, New Delhi and endorsed a copy to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 14.09.2018. The First Appellate Authority vide order dated 15.10.2018 directed as under:
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.Page 7 of 11
CIC/NERLG/A/2019/103949 Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the information provided by the Respondent public authority. He requested the Commission to direct the concerned Respondent to provide complete information as sought in the instant RTI Application.
Shri Pradeep Kumar submitted that the Appellant's father Shri Ramdas was earlier an employee of the M/o. Railways. He further submitted that the Appellant's father while discharging his duties lost his eyesight due to a mishap. He furthermore submitted that the Appellant has been submitting his representations to consider him eligible for employment on compassionate grounds. He added that the Appellant was demanding the Respondent public authority to take him on rolls of the M/o. Railways as Ticket Collector at Lucknow. However, since the qualification of the Appellant was not as per the requirement, the Respondent considered him eligible for the post of Technician and accordingly offered the post to him and even called him for medical examination, which the Appellant turned down by not appearing before the Medical Board. He alleged that the Appellant kept placing demands for a job on compassionate grounds before different authorities/officials on various levels.
The Appellant interjected to state that the Respondent is misleading the Commission. He further stated that the Appellant had demanded for the post of Ticket Collector at Lucknow, since he was the only son to his parents and had to take care of his blind father and sick mother. He furthermore stated that he was not offered any post on compassionate grounds till date by the Respondent public authority.Page 8 of 11
CIC/NERLG/A/2019/103949 Shri Praveen Kumar submitted that the information sought at point nos. 14 and 15 of the instant RTI Application pertains to them and accordingly available and relevant information has been provided to the Appellant on 17.07.2018.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Appellant in the instant matter not only seeking information but also making efforts to secure an employment in the M/o. Railways, which is beyond the adjudication powers of the Commission. As far as the information sought is concerned, the Appellant has only sought action taken on his various representations before different authorities/officials, which has been categorically replied by the concerned custodian of records. In this regard, the Commission is of the considered opinion that the information sought has been provided to the Appellant as available in the Respondent's records.
Notwithstanding the above, the Commission advises the Appellant to refrain from submitting a heap of applications before the Respondent public authority seeking for a job on compassionate grounds. The Commission opines that the Appellant should have either accepted the aforesaid job offered by the Respondent public authority as per his eligibility and then applied for a transfer, which he has not done. Let bygones be bygones; the Commission also advises the Appellant to prepare himself for securing an employment in a different stream, because now that he is young, the zeal to battle for his right will be at its zenith, but once he attains a particular age, he will be left with repentance. Hence, the Commission considering his financial condition as well as his ailing parents, counsels him to bring to a standstill his efforts to gain an employment in M/o. Railways as there are Page 9 of 11 CIC/NERLG/A/2019/103949 an ocean of opportunities available under the sky, provided he gives his honest attempt at it.
With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 18.01.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 10 of 11 CIC/NERLG/A/2019/103949 Addresses of the parties:
1. The First Appellate Authority, / Sr. Dy. G.M., North Eastern Railway, Office of General Manager, Gorakhpur, Uttar Pradesh
2. The Central Public Information Officer /Dy. Secretary, North Eastern Railway, O/o General Manager Gorakhpur, Uttar Pradesh.
3. The Central Public Information Officer /Divisional Personnel Officer, North Eastern Railway, Personnel Department, O/o the General Manager, Gorakhpur, Uttar Pradesh
4. The Central Public Information Officer /Deputy Secretary (Confidential), North Eastern Railway, O/o the General Manager, Gorakhpur, Uttar Pradesh
5. The Central Public Information Officer /Sr. EDPM, North Eastern Railway, Lucknow Division, Lucknow, Uttar Pradesh
6. The Central Public Information Officer Prime Minister's Office, South Block, New Delhi-110011
7. Shri Ashok Kumar Page 11 of 11