Central Information Commission
CIC/AD/A/2009/001709
Dated 19th February, 2010
Name of the Applicant : MR. P. VASUDEVAN
Name of the Public Authority : M/O RAILWAYS, NEW DELHI
Background
1. The Applicant filed his RTI request on 11.06.09 with the CPIO, Railway Board, New
Delhi requesting him (CPIO) to enable him to submit his appeal to Ms.Mamata
Banerjee, Union Minister of Railways and Mr.K.H. Muniyappa, Minister of state for
Railways in connection with his reinstatement/reemployment in S.Rly/S W Rly purely
on humanitarian grounds. In this context he also sought various rules framed by the
Indian Railways. The PIO replied on 25.06.09 enclosing the information provided by
Under Secretary (D&A) Railway Board including copies of various rules framed by the
Ministry of Railways (Railway Board). Not satisfied with the reply, the Applicant filed
his First Appeal on 22.07.09 commenting on the information provided against each
point. The Appellate Authority in his order dated 12.08.09 enclosed a note provided by
the US(D&A), Railway Board stating that it is observed that the Applicant has asked
for a copy of relevant rules/instructions on reemployment of officers voluntarily retired
before attaining the age of superannuation and a copy of the same could not be
provided to the him. As regards the rules/instructions sought, the same have already
been provided to the Applicant. Being aggrieved with this reply, the Applicant filed his
Second Appeal before the Commission.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for19th February, 2010.
3. Mr. Sushil Kumar Singh, US (D&A) represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Respondent stated that as per the codal provisions, only the Ministry of
Railways(Railway Board) is vested with the powers to consider extension of service
/reemployment of a government servant. According to the circular of the Railway
Board dated 29.5.984, once an employee has retired from service
voluntarily/prematurely on his own option available to him under the rules and orders
, the General Managers and other appointing authorities in the lower field formations
do not have any powers to reappoint or reemploy such staff. The Respondent further
added that the Appellant is seeking rules in this connection and that he has been
informed by the Railway Board vide Appellate Authority’s reply dated 12.08.09 that no
such rule exists which prescribes reemployment of railway employees by Railway
authorities on companionate ground or otherwise.
1. The Commission holds that information has been provided and accordingly disposes of
the appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. P. Vasudevan
No.9, Chowrappa layout
1st Class
Kammanahalli
St. Thomas Town Post
Bengalore – 560 084.
2. The PIO
Ministry of Railways
O/o the Jt. Secy (G) & CPIO-II
Railway Board
Railway Bhawan
New Delhi.
3. The Appellate Authority
Ministry of Railways
O/o the Advisor (Staff)
Railway Board
Railway Bhawan
New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC