Central Information Commission
CIC/AD/A/2009/001772
Dated February 17, 2010
Name of the Applicant : Shri Ram Lal
Name of the Public Authority : North Central Railway
DRM Office, Allahabad
Background
1. The Applicant filed an RTI application dt.17.10.08 with the PIO, North Central Railway,
DRM Office, Allahabad seeking information against 21 points including copies of 6
documents with regard to denial of promotion to in 1982. In response to an appeal
dt.18.12.08 (Copy not in file), Shri Ranjan Yadav, Appellate Authority replied on
20.1.09
Being aggrieved with the reply, applicant filed a second appeal dt.7.9.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for February 17, 2010.
3. Shri Mudit Chandra, PIO and Shri J.Chatterjee, S&WI represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. Shri Mudit Chandra, PIO submitted that Appellant is seeking the reason for not
implementing the order of ADRM in 1982 granting him promotion. He added that
since the records which need to be referred to are more than 25 years old, they are
not available and hence information could not be provided. The Appellant then
produced before the Commission part of a letter dt.10.12.82 reportedly written by
Shri V.K.Agrawal, ADRM recommending that the Appellant’s services should be
regularized w.e.f. 23.1. 78 the date from which TFR/MCS asked for permission to use
him as clerk and that he should be given officiating as Sr.Clerk in grade Rs.330-560
from 1.1.79, the date from which the post of Sr.Clerk was created at the MCS solely
because of the reason that Shri Ram Lal had been shouldering higher responsibility of
looking after the stores work under TFR/MCS . This letter seems to be duly approved
by Shri R.K.Misra, DM on 16.12.82.
6. The Commission after hearing the submissions made by both sides holds that non-
availability of files cannot be the reason for non-implementation of any order. The
Commission, hence , directs the Appellant to share all the documents he possesses in
respect of his promotion with the PIo and directs the PIO to recreate the file with the
documents received and to enquire into the matter under Section 18(2) of the RTI Act
based on documents made available by the Appellant and to submit a copy of the
report to the Appellant under intimation to the Commission. The PIO is strongly
advised to take appropriate action at the earliest in respect of the Appellant’s
promotion as also of the consequential benefits accrued therefrom, based on the
outcome of the enquiry.
7. The entire exercise should be completed by 30.4.2010.
8. Since there is no fee payable at the appeal stage, the IPO No.84E 138506 for Rs.10/-
is being returned herewith to the applicant.
9. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Ram Lal (along with IPO 84E 138506)
S/o Late Shri Jaikaran Ram
R/o Village – Murkatiya
Post – Andiyar
Jaunpur 222 203
2. The PIO
North Central Railway
Divisional Railway Manager’s Office
Allahabad Division
Allahabad
3. The Appellate Authority
North Central Railway
Divisional Railway Manager’s Office
Allahabad Division
Allahabad
4. Officer incharge, NIC
5. Press E Group, CIC