Central Information Commission
Saptarishi Basu vs Eastern Railway (Kolkata) on 14 November, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/ERAIL/A/2023/135506
Saptarishi Basu .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Eastern Railway, HQ, Fairlie
Place, 17, Netaji Subhas Road,
Kolkata - 700001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 05.11.2024
Date of Decision : 14.11.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 16.02.2023
CPIO replied on : 06.03.2023
First appeal filed on : 24.04.2023
First Appellate Authority's order : 02.06.2023
2nd Appeal/Complaint dated : 17.07.2023
Information sought:
The Appellant filed an RTI application dated 16.02.2023 (offline) seeking the following information:
"I have been instructed by my client Sri Saptarshi Basu, son of Sri Samir Kumar Basu of 24, Paul Chowdhury Street, Chotobazar, Post office and Page 1 of 6 Police Station: Ranaghat, District: Nadia, Pin: 741201 to demand your justice on behalf of my above client and say as follows :-
(i) My client states that my client is a Trade Apprentice with designated Trade Fitter obtaining the Trade Apprentice after successful one year period of training and after passing the said Trade Certificate Course under the E05161900323- Eastern Railway Workshop, Kanchrapara in the District of North 24-Parganas in the year 2020. (Photostat copy of the Certificate is enclosed).
(ii) My client states that my client wait for five years from the date of notification for obtaining the Certificate of Trade Apprentice Course from the said workshop. At present the Railway Recruitment Board made an advertisement in the year 2019 for recruitment to the post of Group-"D"
staff under the Indian Railways. It is mentioned here that my client belongs to the general category candidate.
(iii) My client states that my client applied in the year 2019 to the said post through online website giving all particulars as required by the Railway Recruitment Board, in accordance with the instructions of the advertisement as stated above.
(iv) My client states that accordingly Railway Recruitment Board held the computer based test being Roll No. 224191220117867 on 7th October, 2022 and my client duly appeared and participated in the said test and gave positive answers to the questions put before him. (Photostat copy of the Admit Card is enclosed).
(v) My client further states that the Kanchrapara Railway Workshop issued a Notification being No. 558E/199 (Policy)/Pt. XIV, dated 24th July, 2015 which will speak for itself for such recruitment and guideline thereof, where in it is specifically stated that the candidates who are engaged and/or passed out Apprentice Course can apply to the said post for the purpose of such recruitment. (Photostat copy of the Notification is enclosed).
(vi) My client states that my client came to learn from the said Kanchrapara Railway Workshop that 20% reservation will be accorded to the candidates who obtained the passed Certificate of Trade Apprentice Training. My client already stated herein above that he has passed the Trade Apprentice Training from the Kanchrapara Railway Workshop Page 2 of 6 under the Indian Railways. He entitled to get so call to appear in the said test/examination for such recruitment.
(vii) My client further states that as per order of the Director General of Employment and Training the candidates who completed Trade Apprentice Training and obtained certificate thereof in an establishment should be considered for appointment to the vacant post occurred in the same organization.
(viii) My client states that the Hon'ble Supreme Court also passed an order that Trade Apprentice should be given three years age relaxation by taking their examination period for the purpose of giving appointment to the concerned post in the establishment where he completed the said Training.
(ix) My client states that my client already written representations dated 21st November, 2022 through by the registered post before the Chairman, Railway Board, New Delhi-110001, the Chairman, Railway Recruitment Board, Kolkata- 700037, the General Manager, Eastern Railway, Kolkata- 700001 and the Chief Works Manager, Eastern Railway, Kanchrapara-743145 and also received in their office to ascertain and/or to know the said 20% reservation quota and other benefits in the such recruitment. But unfortunately has been no reply till to-day from the said authorities concerned. (Photostat copy of the representation is enclosed).
(x) My client states that my client to know the following information under the provision of the Right to Information Act, 2005.
(a) What was the five years detention of the said Trade Apprentice Course of my client ?
(b) Why not the benefits of 20% reservation quota of my client to the said Group-"D" Post in Indian Railways?
(c) Why not the age relaxation of my client in the said recruitment in Indian Railways?
(d) Why the said written representations dated 21st November, 2022 has been no reply from the aforesaid authorities concerned ?
(e) Which was the result of my client's candidature in the said test and/or examination ?
(f) Whether the principles of natural justice has been violated or not ?"
The CPIO furnished a reply to the Appellant on 06.03.2023 stating as under:Page 3 of 6
"Reference above, it is stated that your RTI Application / RTI Appeal received by this office on 03.03.2023 has been transferred to the concerned CPIO(S) /First Appellate Authority i.e. Chairperson / RRC (for Personnel Branch matter) & PIO, Eastern Railway/Kolkata Vide Registration No. EARLY/R/P/23/00055 on 03.03.23.
You may seek information under RTI Act by applying to Chairperson / RRC (for Personnel- Branch matter) & PIO, Eastern Railway/ Kolkata, if desire so."
Being dissatisfied, the appellant filed a First Appeal dated 24.04.2023. The FAA vide its order dated 02.06.2023, held as under:
"1 The information sought by the applicant is not clear, as there were no supporting documents provided in favour of his five years' detention. Hence, the information on the question, as asked for, cannot be provided.
2 & 3 Please see the application form of Sri Saptarshi Basu, Registration No. 1140733951 (CEN RRC-01/2019), wherein the candidate has stated that he is not an Act Apprentice passed candidate (copy enclosed). As per RBE No. 71/2016 & RBE No. 51/2022 (CPO'S SI.Circular No.55/2022), 20% of the vacancies in case of direct recruitment to posts/categories in Pay Band-1 of Rs.5200-20200 having Grade Pay of Rs.1800/- shall be filled giving preference to Course Completed Act Apprentices (CCAAs) trained In Railway establishments and possessing National Apprenticeship Certificate (NAC) granted by National Council of Vocational Training (NCVT).
Also clause 12.2 of the notification of CEN RRC-01/2019 may be checked, wherein it is stated that A candidate shall be considered to have completed the Act Apprenticeship training, only if he has appeared in the NCVT examination before the last date for registration of online application le on or before 12.04.2019 of this CEN. The NAC certificate of Saptarshi Basu attached with the appeal clearly shows that he passed the test for apprentices on September 2020. In this context, this office fails to understand that how can this candidate be treated as CCAA candidate. Hence, Sri Saptarshi Basu, Registration No. 1140733951 (CEN RRC-01/2019) has not been given the benefit of 20% reservation and age relaxation that is applicable to CCAA candidates.
Page 4 of 64 No such a copy of representations dated 21" November, 2022 was received alongwith your RTI Appeal dated 24.04.2023.
5 Sri Saptarshi Basu secured percentile score of 57.59788 and normalized marks 25.94847 whereas the cut off percentile score for UR category was 90.32203 and normalized marks was 69.60526.
6 Question does not arise under the purview of RTI Act 2005."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Smt. Sucharita Das, CPIO-cum-Chairperson, attended the hearing through VC.
The Appellant did not participate in the hearing.
The Respondent submitted that a suitable and pointwise reply qua the instant RTI Application has been given to the Appellant vide letter dated 02.06.2023.
A written submission has been received from Smt. Sucharita Das, CPIO-cum- Chairperson, vide letter dated 28.10.2024, wherein the Commission has been apprised as under:
"1. Sri Bholanath Pramanick in favour of Sri Saptarishi Basu preferred RTI Application through offline on 16-02-2023 and after getting the same generating online, the said RTI application was transferred to CPIO of RRB/Kolkata & later CPIO of Kanchrapara Workshop with the instructions to provide information on their part directly to the applicant, since the information pertains to them.
2. After that Sri Saptarishi Basu had preferred 1 Appeal on 24.04.2023 before 1 Appellate Authority & CPO(IR)/ER/Kol. raising the same query, as preferred on his RTI application dated 16.02.2023. In response to the RTI Appeal, the appellant was provided item-wise reply in a consolidated manner vide letter dated 02.06.2023 by the 1st Appellate Authority/ER/Kol.(copy enclosed). Furthermore, the part information of RTI application of Sri Bholanath Pramanick was given by CPIO of Kanchrapara Workshop vide letter dated 04.05.2023, a copy of the same is also attached for kind perusal please.Page 5 of 6
In view of the above Hearing Notice no. CIC/ERAIL/A/2023/135506 dated 10-10-2024, the above submission may kindly be brought to the notice of Hon'ble Information Commissioner/ CIC before hearing, New Delhi for his kind perusal."
Decision:
Perusal of records of the case reveals that a suitable reply in terms of the provision of the RTI Act has been provided to the Appellant vide letter dated 02.06.2023. The written submission dated 28.10.2024 filed by the Respondent is comprehensive and self-explanatory as such but it seems that a copy of the same has not been sent to the Appellant and accordingly the Respondent is directed to send a copy of the same along with relevant annexures to the Appellant within two weeks of receipt of this order. No further action is required in the instant matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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