In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001665
Heard through Video Conferencing.
Date of Hearing : October 7, 2011
Date of Decision : October 7, 2011
Parties:
Applicant
Shri Ram Avatar Prajapati
HCGBS, Seva Kutir
Room No. 29, Kingsway camp
New Delhi.
Applicant was present along with Representative Sh. Samir javeri.
Respondent(s)
Central Railway,
Divisional Office
Personnel Branch
Mumbai CST.
Respresentative : Shri Rakesh Kumar. PIO.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001665
ORDER
Background
1. The RTI application dated 8.6.09 was filed by the Applicant with the PIO, Central Railway, Mumbai
CST. He sought information related to action taken on his letter dated 9.2.09 requesting for an
appointment and also seeking the reasons for the delay in giving the appointment. The PIO replied
on 13.7.09 providing the information against each point and informing the Applicant that ” efforts
have been made to locate a suitable post for him by processing the case at Divisional Level in
commercial department. However no suitable post was located in Division for him as he being a
visually handicapped person. His case has been sent to HQ office vide office letter no.
BB/P/RECT/PHP dated 13.7.09″. The Applicant thereafter filed his first appeal on 3.8.09 stating that
he is not satisfied with this reply. The Appellate Authority replied on 21.4.10 informing the Applicant
that he has been posted in Commercial department as Office peon in Sr.DCM’s office CSTM vide
order dated 5.8.09 against physically handicapped quota. He also stated that due to a fire caused in
his office the said file was misplaced hence the reply to his appeal is delayed. He also enclosed a
copy of the said office order. Not satisfied with this reply the Applicant filed his second appeal before
the Commission once again stating that he has not been provided the complete information.
Decision.
2 . During the hearing the Appellant pointed out to the Commission that where as the PIO in his reply
dated 13.7.09 has informed the blind Appellant that he could not be given appointment due to non
availability of suitable post in the Division, the Appellate Authority vide his order dated 21.4.10 has
informed the Appellant that he has indeed been appointed in the physically handicapped quota vide
order dated 5.8.09. The Appellant felt that this is a good example of the success of RTI. The
Appellant also stated that the Appellate Authority had not bothered to reply in time in this particular
case as in several other cases within the mandatory period of one month as given in the RTI act. He
requested the Commission to direct the competent authority to take disciplinary action against the
Appellate Authority for the delay. He also requested that Rs 100/ be paid as compensation to the
Appellant who is blind and was forced to travel from his place with a representative to NIC studio to
attend the hearing to be held by the Commission since he was compelled to file a second appeal on
not receiving any reply from the Appellate Authority in time.
3. The Commission after hearing the Appellant and after careful consideration of the facts and
circumstances of the case noted that the Appellant has indeed suffered detriment in terms of money
expended on travel to attend the hearing at NIC, because of the delayed reply from the Appellate
Authority to the first appeal. The Commission therefore directs that a compensation of Rs 200/ be
paid to the Appellant by the Public Authority by 10th November 2011.
4. In the light of the request of the Appellant, the Commission also directs the Appellate Authority to
show cause as to why disciplinary action should not be recommended against him for the delay in
responding to the first appeal. The explanation should reach the Commission with a copy to the
Appellant by 10th November 2011.
5. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
1. Shri Ram Avatar Prajapati
HCGBS, Seva Kutir
Room No. 29, Kingsway camp
New Delhi.
2. The Public Information Officer
Asstt.Personnel Officer (Law)
Central Railway,
Divisional Office
Personnel Branch
Mumbai CST.
3. The Appellate Authority
Central Railway,
Divisional Office
Commercial Branch
Mumbai CST.
4. Officer Incharge, NIC.