Central Information Commission
Jagannath Paul vs Eastern Railway (Kolkata) on 18 December, 2020
CIC/ERAIL/A/2019/600037
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/ERAIL/A/2019/600037
In the matter of:
Jagannath Paul ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Sr Divisional Personnel Officer,
Eastern Railway,
Kolkata
Relevant dates emerging from the appeal:
RTI : 28.09.2018 FA : 29.10.2018 SA : 02.01.2019
CPIO : Not on record FAO : Not on record Hearing : 16.12.2020
The following were present:
Appellant: Shri Jagannath Paul participated in the hearing on being contacted on
his telephone.
Respondent: Shri Dalapati Tudu, APO participated in the hearing through video
conferencing from NIC Kolkata.
Page 1 of 6
CIC/ERAIL/A/2019/600037
ORDER
Information sought:
The Appellant filed an RTI Application dated 28.09.2018 seeking information on the following eight points:
1. Provide all the copies of the noting and approvals of Sr. DPO Sr. DCM in respect of issuing the letter No. ES 22 MPP AltApptt dated 20.04.2018 by which a medically decat staff having approval of DRM SDAH for alternative appointment was returned back to the parent Security Deptt. Again for final absorption just for raising the repeated request to provide job as per Medical directives of Para 574 of IRMM 2000 as the present one is full of great mental strain job not suitable for the staff.
2. As desired by the DRM vide letter dated 17.05.2018 the Review Medical Board for the staff was held on 27June2018 and Rescreened by the Div Screening Committee on 09.08. 2018 till date no posting order was issued for the decat staff. As a result the staff is not getting Salary for the last consecutive Five Months from May 2018 to till date and without salary how the staff and his family will be survived competent authority must provide the information.
3. Provide the photocopy of Review Medical Board decision held on 27.06.2018 submitted by the BRSH SDAH.
4. As per the Rly. Estt Rules for Medically decat Staff of ER HWH Div and ER SDAH Div must be the same under the Constitution of India In HWH Div staffs are rehabilitated in Lower Post as Junior Clerk within the seniority group of Junior Clerk in the personnel branch vide office order no EO 241 2017 dated 26.12.2017.
But the same rule is not enforced by the authority of ER SDAH Div. Provide the information within the same jurisdiction of ER under the Constitution of India how can the competent authority introduced two separate rules for its employees making them sufferer and denying justice at SDAH Div.
5. After medically decat by the Rly. Medical Board as per Para 475 of IRMM 2000 can any staff be rehabilitated to anywhere any department for equivalent same grade job just to fulfill the Grade Pay criteria ignoring the medical directives. Provide the copy of latest Rly Estt. Rules on medical decat and absorption procedures.
6. Provide the information how many staffs of ER SDAH Div are absorbed on creating a supernumerary posts from 01.04.2009 to 31.03.2018 and for a maximum of how much period they were absorbed on supernumerary posts. Provide those names designation and place of posting.
7. Provide all those names of Staff of ER SDAH Div whom medically decat by the Rly Medical Board as per Para 574 of IRMM 2000 during the period from 01.04.2009 Page 2 of 6 CIC/ERAIL/A/2019/600037 to31.03.2018 and thereafter in which category they were absorbed and mention their place of posting after rehabilitation.
8. Provide all the names of decat RPF staffs of ER SDAH Div from 01.04.2009 to 31.03.2018 having their Grade Pay of Rs. 2000 at the time of decat and they were being absorbed in the Ministerial Category under Grade pay Rs. 1900 as Junior Clerk or upgraded their pay scale and posted as senior clerk. Also mention their place of posting in rehabilitated post.
Having not received any response from the CPIO, the Appellant filed a First Appeal dated 29.10.2018, which has not been adjudicated by the First Appellate Authority.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the RTI Act on the ground of non- receipt of information from the Respondent. He requested the Commission to direct the CPIO to provide the information sought. Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the information provided by the Respondent.
The Respondent submitted that available and relevant information has been provided to the Appellant in the first instance on 17.01.2019. He further submitted that the Appellant filed a First Appeal dated 29.10.2018 which was disposed off by the First Appellate Authority on 13.02.2019. Being dissatisfied with the order of the First Appellate Authority dated 13.02.2019, the Appellant filed another First Appeal dated 18.02.2019, which was examined yet again by the First Appellate Authority and disposed off the subsequent First Appeal with directions to the PIO/Sr. DPO, Eastern Railway to provide information on point nos. 5 and 8 of the RTI Application vide order dated 03.04.2019. He furthermore submitted that the Page 3 of 6 CIC/ERAIL/A/2019/600037 consent letter as sought by them in the initial reply i.e., reply dated 17.01.2019 has not been received by the Appellant till date.
The Appellant interjected to state that the consent as sought by the Respondent vide their letter dated 03.04.2019 has been provided to the Respondent. The Commission advised the Appellant to upload the aforesaid consent letter on Commission's web portal after conclusion of the hearing.
A written submission dated 07.12.2020 filed by Shri Sanjay Kumar, PIO and Sr. Divisional Personnel Officer, Eastern Railway, Sealdah is taken on record.
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 has filed First Appeal on two different occasions i.e., on 29.10.2018 and 18.02.2019, which is not within the spirit of the extant provisions of the RTI Act. That the subsequent First Appeal dated 18.02.2019 has been disposed off by the First Appellate Authority vide order dated 03.04.2019 and the same cannot be considered by this Bench as the same is not in consonance with the provisions of the RTI Act. In this regard the Commission expresses severe displeasure against the conduct of Shri Vineet Gupta, First Appellate Authority and Additional Divisional Railway Manager, Eastern Railway, Sealdah for non-application of mind while dealing with the instant RTI Application and he is strictly warned to be careful in future while dealing with matters pertaining to RTI Act.
Further, the Commission also observes that Smt. Sumana Paul, Emp. no. 50205838368, Commercial Clerk and the W/o. Shri Jagannath Paul has addressed a letter to the ADRM/O and Appellate Authority, DRM's Office, Eastern Railway, Page 4 of 6 CIC/ERAIL/A/2019/600037 Sealdah on 15.04.2019, wherein she has given her consent to disclose the copy of her medical report related to her Review Medical Board decision dated 27.06.2018 and it is baffling to note that the same has not been received by the Respondent. Be it as it may, the Commission directs the present PIO to provide a copy of Smt. Sumana Paul's medical report as sought at point no. 3 of the RTI Application, free of cost, to the Appellant, within 15 days from the date of issue of this order. 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: 16.12.2020 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/ERAIL/A/2019/600037 Addresses of the parties:
1. The First Appellate Authority (FAA) Eastern Railway, O/o the Divisional Railway Manager, Sealdah Division, Kaiser Street, Kolkata 700014
2. The Central Public Information Officer (CPIO) Sr Divisional Personnel Officer, Eastern Railway, O/o the Divisional Railway Manager, Sealdah Division, Kaiser Street, Kolkata 700014
3. Shri Jagannath Paul Page 6 of 6