Central Information Commission Judgements

Mr. Mukesh Purohit vs North Western Railway on 9 June, 2009

Central Information Commission
Mr. Mukesh Purohit vs North Western Railway on 9 June, 2009
                  CENTRAL INFORMATION COMMISSION
                      Club Building (Near Post Office),
                    Old JNU Campus, New Delhi - 110067.
                           Tel: +91-11-26161796

                                                Decision No. CIC/SG/A/2009/000904/3623
                                                       Appeal No. CIC/SG/A/2009/000904

Relevant Facts

emerging from the Appeal:

Appellant : Mr. Mukesh Purohit
Yashoda Sadan, C-160 First Extension,
Kamla Nehru Nagar,
Jodhpur,
Rajsthan-342009.

Respondent                           :      Mr. Anurag Kapil
                                            Public Information Officer
                                            North Western railway,
                                            Jodhpur Division,
                                            Jodhpur, Rajsthan.

RTI application filed on             :      29/08/2008
PIO replied                          :      10/09/2008
First appeal filed on                :      16/09/2008
First Appellate Authority order      :      Not Mentioned
Second Appeal received on            :      20/04/2009

The appellant in his RTI application has sought information regarding transfer of the
post of Commercial Investigator to Jodhpur Division from Head Office, South Western
Railway and selection process thereafter. He has also enquired about the time period and
reason for which the said post remained vacant and appointment on the said. He has sought
for the relevant document and process adopted to appointment on the same post.
S.No. Information Sought PIO’s Reply

1. Which posts and pay-scale did The following posts were transferred by the
transfer to the Jodhpur division General Manager/Personnel, South Westren
from Head Office, South Western Railway, Jaipur vide letter no 110E/EB/Transfer
Railway. Furnish the copy of the of Post Dtad. 12/6/2006 in category of
relevant documents. Commercial Investigator to Jodhpur Division:

                                              S.No Post            Pay-     No of
                                                                   Scale    Post
                                              1.      Commercial 7450- 2
                                                      Investigator 11500
                                              2.      Commercial 6500- 2
                                                      Investigator 10500
                                              3.      Commercial 6000- 1
                                                      Investigator 8000

2. What time-limit was determined The process of selection for the post of
for the selection on that post and Commercial Investigator for pay-scale 6500-
when did the process begin? 10500 begun on 8/10/2007 and for pay-scale of
5000-8000 begun on 20/03/2008. Selection is
done only after completing administrative
formalities.

3. If there were any delay in process There was no delay in selection process as
of selection, if yes, give the selection is done only after completing
reason? administrative formalities

4. For how long the post of The said post become vacant when Head Office
Commercial Investigator for transferred new posts to Jodhpur Division.
different pay-scale remained Promotion of employees in category of
vacant in last five years and when Commercial Investigator in last 5 years are as
was it filled? If there was any following:

        delay, give the reason.                   S.No Name             Pay-Scale Date     of
                                                                        on        promotion.
                                                                        Promotion
                                                  1.     G.S.Bidawat 6500-        12.3.2003
                                                                        10500
                                                  2.     G.S.Bidawat 7450-        14.3.2008
                                                                        11500
                                                  3.     Yogendra       6500-     16/12/2005
                                                         Singh          10500
                                                         Chaudhary
                                                  4.     Yogendra       7450-     14.3.2008
                                                         Singh          11500
                                                         Chaudhary
                                                  5.     Ramesh         5000-     20.3.2003
                                                         Chand          8000
                                                  6.     Ramesh         5500-     31.3.2005
                                                         Chand          9000
                                                  7.     Mukesh         5000-     20.8.2003
                                                         Purohit        8000
                                                  8.     Mukesh         5500-     20.7.2007
                                                         Purohit        9000

5.      Who were the employees, who got         As above in Para no 4.

promoted for which pay-scale and
in return of vacant seats?

6. Provide the relevant file of On any working day file can be inspected.

selection process and promotion
on Commercial Investigator
Category for the inspection of the
applicant

7. From which category’s In present time, Mr. Shailendra Singh is giving
employees, works are being his service on the vacant seat of Commercial
carried out on the vacant post of Investigator. Selection process for the said post
Commercial Investigator is under process.
Category? Has the certified
method been adopted for the
selection process? Provide the
relevant file for inspection.

The First Appellant Authority’s Order:

Not Mentioned.

Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Mukesh Purohit
Respondent: Mr. Anurag Kapil, PIO
The appellant had sought inspection of files and PIO had offered inspection at the place
where the files were located. The appellant insisted that the he would do the inspection only
at the PIO’s office. The inflating has been provided to the appellant and he is insisting that it
should be provided in the particular format which he wants. The PIO should have mentioned
that under Section 7(9) since it would divert the resources disproportionately he would have
offered the information in the form available. However, it is clear the all the inform tin has
been provided to the appellant.

Decision:

The appeal is dismissed.

The information has been provided to the appellant.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
9 June 2009

(In any correspondence on this decision, mentioned the complete decision number.)
(GJ)