In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000178
Date of Hearing : March 10, 2011
Date of Decision : March 10, 2011
Parties:
Appellant
Shri Ram Swaroop
H.No. 11, Gali No. 01,
Behind R.E. Type II Quarters,
Shivaji Colony, Kota
The Appellant was heard through audio.
Respondent
West Central Railway
Office of Divisional Railway Manager ,
Kota Division
Kota
Represented by: Shri K.K. Mishra, APIO and Shri D.K. Chaturvedi, CPI/RTI and Shri K.L. Meena, OS II
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/2011/000178
ORDER
Background
1. The Applicant filed his RTIapplication with the PIO, WCR, Kota on 10.12.2009 presenting his
grievance regarding less pay fixation in his case visavis four other employee who were junior to him
but are drawing higher pay. The PIO, on 11.12.2009, informed the Applicant that the settlement of the
grievance is not included in the definition of information as given in Section 2(f) of the RTIAct, and
that hence there is no information to be provided. The AA also, in response to the 1stappeal,
endorsed the PIO’s reply through his order dated 15.01.2010. The Applicant, thereafter, filed the
present appeal in the Commission in which he did not seek any relief from the Commission nor did he
mention any ground for his appeal.
Decision
2. During the hearing, the Respondents informed the Commission that subsequent to the Appellant’s 1st
appeal to the AA, they had called the Appellant to their office and had showed him a comparative
statement which explained as to why the Appellant’s pay fixation is lesser than in the case of the
other 4 employees he is speaking about. They also produced the said comparative statement before
the Commission. The Appellant, who was heard on the phone, however, was not convinced of the
reasons from what the Respondents had explained to him with the help of the above mentioned
comparative statement.
3. Considering the above, the best which can be done in the present case is to allow the Appellant to
inspect the files dealing with the payfixation of those four employees who, according to the
Appellant, were given higher pay scale. It is accordingly directed that the PIO, on a day, time and
place to be identified and intimated to the Appellant, shall allow the Appellant to inspect the files of
the four junior employees dealing with their pay fixation and also provide to the Appellant copies of
communication/file notings etc. required by him from those files . This exercise is to be completed by
07.04.2011.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc
1. Shri Ram Swaroop
H.No. 11, Gali No. 01,
Behind R.E. Type II Quarters,
Shivaji Colony, Kota
2. The Appellate Authority
West Central Railway
Office of Divisional Railway Manager,
Kota Division
Kota
3. The Public Information Officer
West Central Railway
Office of Divisional Railway Manager,
Kota Division
Kota
4. Officer Incharge, NIC