Central Information Commission
CIC/AD/A/2009/001790
Dated February 8, 2010
Name of the Applicant : Shri Vara Prasad
Name of the Public Authority : SC Railway, DRM Office,
Vijayawada
Background
1. The Applicant filed an RTI application dt.1.4.09 with the PIO, South
Central Railway, Vijayawada requesting for the position and the official
articulations and stance with reference to his application dt.3.12.08.
Shri P.Kishore Babu, PIO replied on 24.6.09 stating that he had held a
personal hearing with the Applicant on 16.6.09 and during the hearing
the Applicant had expressed difficulties in performing his duties in view
of his serious injury. In this connection, the Applicant has been
informed that DME/Dsl/BZA has been advised to utilize his services for
desk job only. He also enclosed a copy of the letter issued in this
regard. Not satisfied with the reply, the Applicant filed an appeal
dt.20.7.09 with the Appellate Authority stating that information
provided is incomplete. He complained that his case was referred to
DME/Dsl/BZA with a recommendation to strictly confine him for desk
job only. In effect, duties entrusted to him to carry out by
DME/Dsl/BZA were related to duties and responsibilities of
SSE/Stores(Incharge/Substores). He also provided a list of duties
assigned to him. According to the Applicant along with these duties,
he was also entrusted with the duties of maintaining leave register,
inspection of stores and attending periodical meetings. In the light of
this information he again requested that complete information be
provided to him. On not receiving any reply from the Appellate
Authority, the Applicant filed a second appeal dt.16.9.09 before CIC.
In his appeal, he stated that:
i) He was medically declared unfit as Section Engineer and Fit in
Class B one, a post for desk job duties only. But when he was posted
in that position, his work was found to be contrary to that expected
from a desk job and also work of his higher authorities was also
entrusted to him.
ii) Even though his allotted duties were specified as desk top duties
it is on paper only. But in reality his work load is beyond his capacity
to bear such a load. It totally violates the rights conferred on him by
provisions of Persons with Disabilities Act, 1995.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for February 8, 2010 through video
conferencing.
3. Shri Kishore Babu, PIO, Shri P.Jayaraj, Appellate Authority and Shri
Padmanabhan, SDFM representing the Public Authority and the
applicant were present at NIC studio, Guntur.
Decision
4. The Commission on perusal of the information provided holds that
available information has been provided to the Appellant while noting
that new information has been sought by the Appellant in his first
appeal which is not tenable. The Applicant accordingly is advised to
approach an appropriate forum for settlement of his grievances with
respect to extra work that he is made to perform.
5. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Ch. Vara Prasad
Qtrs. No.153-B
STPM Railway Colony
S.N.Puram
Vijayawada 520 011
2. The PIO
South Central Railway
Divisional Railway Manager’s Office
Personnel Branch
Vijayawada Division
Vijayawada
3. The Appellate Authority
South Central Railway
Divisional Railway Manager’s Office
Personnel Branch
Vijayawada Division
Vijayawada
4. Officer incharge, NIC
5. Press E Group, CIC