Central Information Commission Judgements

Mr.Gautam Chopra vs Nwr, Bikaner on 1 June, 2009

Central Information Commission
Mr.Gautam Chopra vs Nwr, Bikaner on 1 June, 2009
             Central Information Commission
                                                        CIC/OK/A/08/01308-AD

                                                               Dated June 1, 2009

Name of the Applicant                  :   Mr.Gautam Chopra

Name of the Public Authority           :   NWR, Bikaner

Background

1. The Applicant filed an RTI application dt.17.8.07 with the CPIO, NWR,
Bikaner. He requested for information against 3 points related to payment of
officiating allowance to a Railway servant in Grade 5000-8000 working for
Grade 6500-10500 vide vacancy. The PIO replied on 31.8.07 providing some
information. Not satisfied with the reply, the Applicant filed an appeal
dt.13.2.08 with the Appellate Authority. On not receiving any reply, he filed a
second appeal dt.3.9.08 before the CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for June 1, 2009.

3. Mr. Abhinav Gupta, Sr. DFM cum CPIO, Mr. H.S. Prajapati, Sr. DPO and Mr.
Gajraj Singh, S & WLI, Bikaner represented the Public Authority.

4. The Applicant was present during the hearing.

Decision

5. The Appellant stated that he wants information regarding the rule by which
officiating allowance has been denied. The Respondent stated that vide letter
dated 28.3.2008 by the Divisional Personnel Officer officiating allowance in a
grade in which one from two grades below is working, is not admissible. The
Appellant wanted the rules based on which this statement was made. The
Respondent submitted that there are no rules but as per the code of
promotion, a person cannot be given officiating allowance two grades above.
The Commission directs the CPIO to inform the Appellant that the decision
was taken as per the code of promotion by 25th June, 2009 and to also
explain why and how the code has been used.

6. The appeal is disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Mr.Gautam Chopra
4E 426, Jai Narayan Vyas Colony
Bikaner 334 003
Rajasthan

2. The CPIO
Central Railway
Divisional Railway Manager’s Office
Bikaner Division
Bikaner

3. The Appellate Authority
Central Railway
Divisional Railway Manager’s Office
Bikaner Division
Bikaner

4. Officer in charge, NIC

5. Press E Group, CIC