Central Information Commission
Suresh Chand Meena vs Ministry Of Railways (Railway Board) on 27 February, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मनु नरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/MORLY/A/2023/604092
Suresh Chand Meena .....अपीलकर्ाग/Appellant
VERSUS
बनाम
PIO,
Railway Board, Ministry of
Railways, Rail Bhavan, New
Delhi - 110001 Raisina Road,
New Delhi-110001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 20-02-2024
Date of Decision : 26-02-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 03-10-2022
CPIO replied on : 01-11-2022
First appeal filed on : 02-11-2022
First Appellate Authority's order : 08-12-2022
2nd Appeal/Complaint dated : 22-01-2023
Information sought:
The Appellant filed an RTI application dated 03.10.2022 seeking the following information:1
"Background:
Applicant is Suresh Chand Meena (ex-IRSE-89, NF-HAG), who has been compulsorily retired by Railway board vide Order No. E(O) I/2022/SR10-P/17, dtd. 10.05.2022 under Rule-1802 [a] of IREC-II.
There is reasonable doubt and apprehension that the said decision on my compulsory retirement under Rule-1802 [a] of IREC-II has not been taken by complying with the extant policy instructions and/or rules in this matter. Further, the said perverse order dtd. 10.05.2022 have caused curtailment of my fundamental rights having social stigma and other associated financial consequences as well. The order has adversely affected my life & liberty including my pensionary and other retiral benefits.
In this background, it is requested to provide me with the following RTI Information under RTI Act, 2005 within 48 hrs. since the sought RTI information is directly related to the said perverse order dtd. 10.05.2022 to defend my legal rights against the arbitrary & premature retirement from the Rly. Service under Rule-1802 [a] of IREC-II:-
Please provide me the List of All Group-A Officers working in Indian Railways who have figured in the Year-Wise Secret List from 01.01.2020 to 31.05.2022 mentioning following details by invoking Section 10 of RTI Act, 2005 [If required]:
(i) Date of Birth,
(ii) Date of Retirement (if any)."
The CPIO furnished a reply to the Appellant on 01.11.2022 stating as under:
"The instant RTI application seeks personal details viz., Date of Birth and Date of Retirement of officers who figure in Secret Lists from 01.01.2020 to 31.05.2022. It may kindly be appreciated that these details are personal details of these officers and disclosure of such information is exempted under Section 8(1)(j) of the RTI Act, 2005."
Being dissatisfied, the appellant filed a First Appeal dated 02.11.2022. The FAA vide its order dated 08.12.2022, held as under:
2"The matter has been examined. It may be mentioned here that the purpose of inter-alia having a Secret List is to keep the Ministries/Departments/ Undertakings concerned informed about such officers of doubtful integrity to ensure that they are not posted to 'sensitive' assignments and that this fact is given due consideration when deciding administrative matters affecting the service of these officers. These lists would also help the Ministries to know about the officers whose work and conduct need both special attention and closer supervisory scrutiny. As such, it may be appreciated that details of such watch lists cannot be shared. However, keeping in view the spirit of transparency envisaged under the RTI Act, number of officers who figured in Secret List are detailed as under:-
Secret List for the Year No. of officers figured 2020 243 2021 200 2022 204 Keeping in view the Section 8(1)(j) of the RTI Act and Hon'ble CICS Judgement in Case No.CIC/MOEAF/A/2018/146793, it can be understood that the Date of Birth and Date of Retirement of officers of other employees figuring the Secret Lists relates to personal information of the third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties. Hence, it may be appreciated that the disclosure of the information sought for is exempted under Section 8(1)(j). Further, the appellant has failed to establish the larger public interest involved in such disclosure."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video Conferencing Respondent: Mr. CK Vinod Joint Director (Vig.) CPIO, Present in Person 3 The Appellant while reiterating the contents of the RTI Application restricted is query to the fact that through this application he desired to verify whether his name was there in the Secret List of 01.01.2020 to 31.05.2022.
When queried by the Commission, the Respondent clarified the factual position and explained that out of the aforesaid mentioned duration, the name of the Appellant was only there in the Secret List of year 2022.
The Respondent produced written submissions, wherein he inter alia stated as under:
"...With reference to CIC's Hearing Notice No. CIC/MORLY/A/2023/604092 dated 09.02.2024. This Ministry's letter of even number dated 19.02.2024 and the hearing held on 20.02.2024, it is to further inform that Shri Suresh Chand Meena is already aware of the period he was borne in the Secret List as he had been provided copies of the relevant documents including his Vigilance History Card which contained details w.r.t. the period he was in the Secret List vide letter NoE(O)l/2022/SR-10-P/17 dated 09.06.2022 (Annex.l). The officer was prematurely retired from Railway service w.r.t. Ministry of Railways letter dated 10.05.2022..."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, finds no infirmity in the reply provided by the Respondent as the same was found to be in consonance with the provisions of RTI Act. Hence, no intervention of the Commission is required in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सूचना आयुक्ि) Date 26-02-2024 Authenticated true copy (अभिप्रमाणणर् सत्यापपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date 4 5