Central Information Commission
CIC/OP/C/2009/000083-AD
Dated January 13, 2010
Name of the Applicant : Shri Z.U.Nizami
Name of the Public Authority : North Central Railway, Allahabad
Background
1. The Applicant filed an RTI application dt.12.10.08 with the PIO, NCR, Allahabad
requesting for information against 3 points including the number of employees who
after the suspension period and not being chargesheeted have been promoted. He
also wanted orders for promotion of one Mr.Avtar Singh and also information
regarding time frame for issuing the chargesheet and the time limit. He also sought
rules which allow non promotion to any employee who has been suspended and has
not been issued charge sheet even after suspension has been revoked. The Divisional
Finance Manager replied on 11.11.08 stating that since the Applicant has not passed
prescribed appendix IIA Examination for departmental promotion, he was allowed to
appear for seniority cum suitability test held on 20.5.06 in HQ as a pre-requisite for
promotion to the next grade in which he was not declared successful and hence he
was not promoted. Not satisfied with the reply, the Applicant filed an appeal
dt.28.11.08 with the Appellate Authority requesting for copies of some documents.
The Appellate Authority replied on 29.12.08 informing him that PIO had already
replied on 11.11.08 giving complete information. Being aggrieved with the reply, the
Applicant filed a second appeal dt.nil before CIC stating that he had filed the RTI
application for obtaining the rules as provided by Railway Board in regards to issue of
charge sheet to C.O who was under suspension by the Order of Railway Board and
also wanted the rules on the basis of which an employee who was placed under
suspension by Railway Board and whose suspension also has been revoked as per
order of Railway Board in absence of issue of major penalty charge sheet, the total
period can be treated as duty by the Divisional authority. He further stated that the
CPIO has not given any document on the basis of which he can ascertain the
genuineness of the order.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for January 13, 2010.
3. Shri Mudit Chandra, Sr.DPO, Shri Vineet Dwivedi, Sr.Divisional Finance Manager, Shri
R.K.Singh and Shri J.Chatterjee, SWLI represented the Public Authority.
4. The Appellant was heard through audio conferencing.
Decision
5. Shri Mudit Chandra, Sr. DPO submitted that police raided the house of the Appellant
and sized illegal arms in a factory being run in it in 1990, and an FIR was lodged by
the police and criminal case was registered against the Appellant and that the
Appellant was suspended from service. He added that his suspension was later
revoked and the Appellant is now seeking information in connection with the
suspension and the subsequent revoking of the suspension. He further stated that
they were unable to provide information with regard to Mr.Avtar Singh without having
any details about his post, designation etc. and that the Appellant was invited to
come to the office personally to provide the details and inspect the files but he did not
turn up.
6. The Commission after hearing the submissions made by the Respondent holds that no
information as available on records has been sought by the Appellant. However, the
Appellant may provide the details of Shri Avtar Singh such as his designation,
department where he works etc. to the PIO within 5 days of receipt of this Order and
the PIO may allow the applicant to inspect the files of Shri Avtar Singh on a mutually
convenient date and time and provide him with certified copies of documents he
requires, free of cost.
7. The information to be provided by 15.2.2010.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Z.U.Nizami
Accounts Clerk
H.No.90
Baidan Tola
Allahabad
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