Central Information Commission
Shri Ram Lal vs North Central Railway, Drm Office, ... on 17 February, 2010
Central Information Commission
CIC/AD/A/2009/001772
Dated February 17, 2010
Name of the Applicant : Shri Ram Lal
Name of the Public Authority : North Central Railway
DRM Office, Allahabad
Background
1. The Applicant filed an RTI application dt.17.10.08 with the PIO, North Central Railway, DRM Office, Allahabad seeking information against 21 points including copies of 6 documents with regard to denial of promotion to in 1982. In response to an appeal dt.18.12.08 (Copy not in file), Shri Ranjan Yadav, Appellate Authority replied on 20.1.09 Being aggrieved with the reply, applicant filed a second appeal dt.7.9.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for February 17, 2010.
3. Shri Mudit Chandra, PIO and Shri J.Chatterjee, S&WI represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. Shri Mudit Chandra, PIO submitted that Appellant is seeking the reason for not implementing the order of ADRM in 1982 granting him promotion. He added that since the records which need to be referred to are more than 25 years old, they are not available and hence information could not be provided. The Appellant then produced before the Commission part of a letter dt.10.12.82 reportedly written by Shri V.K.Agrawal, ADRM recommending that the Appellant's services should be regularized w.e.f. 23.1. 78 the date from which TFR/MCS asked for permission to use him as clerk and that he should be given officiating as Sr.Clerk in grade Rs.330-560 from 1.1.79, the date from which the post of Sr.Clerk was created at the MCS solely because of the reason that Shri Ram Lal had been shouldering higher responsibility of looking after the stores work under TFR/MCS . This letter seems to be duly approved by Shri R.K.Misra, DM on 16.12.82.
6. The Commission after hearing the submissions made by both sides holds that non-
availability of files cannot be the reason for non-implementation of any order. The Commission, hence , directs the Appellant to share all the documents he possesses in respect of his promotion with the PIo and directs the PIO to recreate the file with the documents received and to enquire into the matter under Section 18(2) of the RTI Act based on documents made available by the Appellant and to submit a copy of the report to the Appellant under intimation to the Commission. The PIO is strongly advised to take appropriate action at the earliest in respect of the Appellant's promotion as also of the consequential benefits accrued therefrom, based on the outcome of the enquiry.
7. The entire exercise should be completed by 30.4.2010.
8. Since there is no fee payable at the appeal stage, the IPO No.84E 138506 for Rs.10/-
is being returned herewith to the applicant.
9. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri Ram Lal (along with IPO 84E 138506) S/o Late Shri Jaikaran Ram R/o Village - Murkatiya Post - Andiyar Jaunpur 222 203
2. The PIO North Central Railway Divisional Railway Manager's Office Allahabad Division Allahabad
3. The Appellate Authority North Central Railway Divisional Railway Manager's Office Allahabad Division Allahabad
4. Officer incharge, NIC
5. Press E Group, CIC