Central Information Commission
Mr.Sanchita Charaborty vs Ministry Of Railways on 11 June, 2010
Central Information Commission
CIC/AD/A/2010/000606
Dated June 11, 2010
Name of the Applicants : Ms.Sanchita Chakraborty
Name of the Public Authority : Northeast Frontier Railway,
Guwahati
Background
1. The Applicant filed an RTI application dated 29.5.08 with the PIO, Northeast Frontier Railway, Guwahati. She requested for the investigation report submitted by Welfare Inspector in connection with her compassionate appointment. She stated that she was intimated vide letter dt.5.5.07 that her request for compassionate appointment had been scrutinized in detail. In this connection, she requested for the following information:
i) The result of the said scrutiny has not been depicted in the said letter and was not communicated to the undersigned.
ii) What part of the said scrutiny prompted the administration to direct her to produce court affidavit.
iii) In case of other compassionate appointment, whether such document was procured from the other applicants in case of female candidate.
Shri D.K.Gupta, PIO replied on 23.7.08 stating that her application was forwarded to the concerned Personnel department to be examined with respect to grounds furnished by the Applicant for compassionate appointment and accordingly, the case was examined/scrutinized at the level of the concerned department and their remarks/information, communicated to the Applicant asking her to produce a Court Affidavit to the extant that she is not married and hence is eligible for appointment of compassionate grounds . The Applicant, being aggrieved with this reply, filed an appeal dt.12.8.08 with the Appellate Authority seeking the investigation report submitted by the Welfare Inspector. Shri A.Datta, Appellate Authority replied on 27.11.08 enclosing the desired information as received from the Personnel Department. Not satisfied with the reply, the Applicant filed a second appeal dt.4.3.10 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for June 11, 2010 through video conferencing.
3. Shri Khindu Ram, PIO and Shri Alok Dave, Appellate Authority represented the Public Authority and they along with Shri Jyoti Prakash Das who represented the Applicant were present at NIC Studio, Guwahat for the hearing.
Decision
4. The Respondent, Shri Alok Dave submitted that investigation was conducted twice to verify the marital status of the Appellant and both times it was found that the Appellant was indeed married because of which she is not eligible to be appointed on compassionate grounds on the death of her father. The first report was provided to the Appellant on 12.3.10 on receipt of a copy of the Appellant's second appeal to the Commission. As for the report of the second investigation which concluded recently, the same has still to be furnished to the Appellant.
5. The Commission after hearing the submissions of both sides directs the PIO to provide the second report to the Appellant and also to allow the Appellant to inspect the relevant file pertaining to the Appellant's nonappointment on compassionate grounds on a mutually convenient date and time and to provide her with attested copies of documents she requires, free of cost. The information to be provided by 10 July, 2010.
6. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Ms.Sanchita Chakraborty Kamakhya Nagar Bye Lane No.4 Basundhara Apartment Via Adabari Tinali Kamrup District Guwahati 781 012
2. The PIO Northeast Frontier Railway General Manager's Office Maligaon Guwahati 11
3. The Appellate Authority Northeast Frontier Railway General Manager's Office Maligaon Guwahati 11
4. Officer incharge, NIC
5. Press E Group, CIC