Central Information Commission
CIC/SG/A/2009/001174-AD
Dated December 18, 2009
Name of the Applicant : Shri Vishambhar Dayal
Name of the Public Authority : NWR, Jodhpur
Background
1. The Applicant filed an RTI application dt.12.12.08 with the PIO, NWR, Jodhpur
requesting for information against 8 points with regard to his seniority. The PIO
replied on 16.1.09 enclosing a reply furnished by Sr.DPO. Not satisfied with the reply,
the Applicant filed an appeal dt.3.2.09 with the Appellate Authority commenting on the
replies provided by the PIO. The Appellate Authority replied on 20.2.09 providing
further clarification. Still not satisfied, the with the reply, the Applicant filed a second
appeal dt.27.4.09 before CIC stating that he deserves a promotion and seeking relief
in this regard from the Commission.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 18, 2009.
3. Shri A.K.Mehta, PIO, Shri S.Keserwani, Appellate Authority and Shri Basant Singh,
APO represented the Public Authority.
4. The Appellant was heard through audio conferencing.
Decision
5. The Respondent submitted that the Appellant is only expressing his grievance in his
RTI application and has not sought any information except for wanting to know why he
has not been placed senior to some officials. The Respondent stated that the appeal
filed by the Appellant with regard to his seniority, on review was rejected on the
ground that it had no merit, without giving any reasons. The Appellant then
approached the Hon’ble CAT in this connection who vide their order directed the
Competent Authority to review the appeal once again and to issue a speaking order
giving reasons for his decision and decide the case once again. The case was taken
up at the level of competent authority, who once again on perusal of all the details
decided that the seniority was given to the Appellant as per rules. The Appellant who
was heard through audio conferencing , however, maintained that in the light of a
Supreme Court Order dt.19.10.06 in the case of some other petitioner and also in view
of the Railway Board’s letters dt.8.3.02 and 13.1.05 regarding promotions in
reservation category, he was eligible for promotion. It was the Respondents’
contention that while deciding the case, the competent authority had taken into
consideration the Supreme Court Order as also the Railway Board’s letters the
Appellant has referred to during the hearing, while deciding the case.
6. The Commission after hearing both sides and while noting that the Competent
Authority has already reviewed the case and has informed the Appellant about his final
decision that action in respect of his promotion has been taken as per existing rules,
holds that the relief being sought by the Appellant is beyond the ambit of the RTI Act
and accordingly disposes off the appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Vishambhar Dayal
Office Supdt.
Personnel Branch
North Western Railway
DRM’s Office
Jodhpur
2. The PIO
North Western Railway
Divisional Railway Manager’s Office
Jodhpur Division
Jodhpur
3. The Appellate Authority
North Western Railway
Divisional Railway Manager’s Office
Jodhpur Division
Jodhpur
4. Officer incharge, NIC
5. Press E Group, CIC