In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000697
Date of Hearing : May 26, 2011
Date of Decision : May 26, 2011
Parties:
Applicant
Shri Ayub Khan
S/o Shri Babu Khan
#29 Mahobiya Pulia No.9
Jhansi
The Applicant was represented by Shri Rajendra Awasthi at NIC Studio, Jhansi
Respondents
The Public Information Officer
North Central Railway
Divisional Railway Manager's Office
Jhansi Division
Jhansi
Represented by : Shri Sandeep Trivedi, PIO & Sr.DPO
Shri R.P.Paul, CLA
Shri M.S.Meena, Ch.O.S
NIC Studio, Jhansi
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000697
ORDER
Background
1. The Applicant filed an RTI Application dt.14.10.10 with the PIO, DRM Office, North Central Railway,
Jhansi seeking information against 3 points with regard to the regularization of casual labourers in the
office of Crew Controller, Loco Shed, Jhansi. Shri Iqbal Khan, APIO replied on 9.11.10 also providing
the required information along with annexures. Not satisfied with the reply, the Applicant filed an
appeal dt.24.11.10 with the Appellate Authority. Shri Jyoti Prakash Pandey, Appellate Authority
replied on 24.12.10 providing further clarification. Still not satisfied, the Applicant filed a second
appeal dt.Nil before CIC.
Decision
2. During the hearing, the Appellant wanted to know the reasons as to why the Crew Controller, Loco
Shed, Jhansi had not submitted the application from the Appellant which was invited from the
Appellant who was a casual labourer, for regularization, to the concerned office. The Respondents
on their part stated that this issue had already been enquired into by an independent enquiry officer
who in his enquiry report had concluded that no such application from the Appellant had been
received in the Crew Controller’s Office and that the 44 applications which were received were
forwarded to the competent authority for regularization. According to the Appellant, however the
application was indeed submitted by him and a receipt was obtained from the Crew Controller. The
Appellant produced the receipt before the Commission while alleging that wrong information has
been provided to him. The Respondent on inspecting the receipt produced by the Appellant stated
that unless the signature of the official is verified, it is difficult to say whether it is that of the then Crew
Controller or not.
3. The Commission giving due regard to the contentions of the Appellant directs the PIO to verify the
signature of the receipt provided by the Appellant u/s18(2) of the RTI Act while ensuring that the
Appellant is included in the enquiry team. If it is found that the signature is indeed that of the then
Crew Controller, the PIO may wish to take appropriate action. A copy of the enquiry report and
information on the action taken based on the outcome of the enquiry, may be provided to the
Appellant by 30.6.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Ayub Khan
S/o Shri Babu Khan
#29 Mahobiya Pulia No.9
Jhansi
2. The Public Information Officer
North Central Railway
Divisional Railway Manager’s Office
Jhansi Division
Jhansi
3. The Appellate Authority
North Central Railway
Divisional Railway Manager’s Office
Jhansi Division
Jhansi
4. Officer in charge, NIC