In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000967
Date of Hearing : July 8, 2011
Date of Decision : July 8, 2011
Parties:
Applicant
Shri Narayan Hari Sharma
Sanjay Nagar
Gali No.6
Chambal Marg
Kota Junction
Kota
The Applicant was present during the hearing
Respondents
The Public Information Officer
West Central Railway
Divisional Railway Manager's Office
Kota Division
Kota
Represented by : Shri K.K.Mishra, APO
Shri A.K.Tandon, Ch.OS
Shri D.K.Chaturvedi, CPI
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000967
ORDER
Background
1. The Applicant filed an RTI application dt.2.11.10 with the PIO, DRM Office, West Central Railway,
Kota seeking information against four points including copy of the screening panel of 28.1.1991,
seniority list prepared during the period 13.1.1988 to 30.10.1991, photocopy of the document
providing information on whether the 25% quota for LDCE was applicable for 28.1.91 etc. Shri
Rajeev Gandhi, PIO replied on 23.11.10. With regard to points 1 and 4, he stated that records
relating to 1991 are not available. He provided seniority lists for the years 2001, 2008 and 2009.
With regard to 25% quota for LDCE, he provided a copy of the IREM Manual, Para 159. Not satisfied
with the reply, the Applicant filed an appeal dt.8.12.10 with the Appellate Authority commenting on the
information provided. Shri R.P.Jingar, Appellate Authority replied on 17.12.10 upholding the decision
of the PIO. He stated that seniority lists as available have been provided and that it cannot be
prepared on the request of the Applicant. Being aggrieved with the reply, the Applicant filed a second
appeal dt.8.3.11 before CIC.
Decision
2. During the hearing, the Respondents confirmed that information sought against points 1 and 4 are
not available since as per the schedule for preservation of records such documents are kept only for
three months. He added that three seniority lists as available with them have been furnished to the
Appellant and that no further seniority list is available with them. The Appellant at this stage
produced before the Commission a letter dt.5.11.93 insisting that it is a seniority list and that his
name has not been included in that list. The Respondents however refuted his contention while
pointing out that it is not a seniority list but simply a posting order of different employees.
3. The Commission after hearing the submissions of both sides, directs as follows:
i) to provide a copy of the schedule for preservation of records with regard to information
sought against points 1 and 4.
ii) to provide an affidavit to the Commission with a copy to the Appellant incorporating the
information furnished by both the PIO and the Appellate Authority and affirming the fact that available
seniority lists have been provided and that information relating to 1991 has been weeded out as per
the schedule for preservation of records.
The entire exercise to be completed by 10.8.11 and the Appellant to submit a compliance report to
the Commission by 16.8.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Narayan Hari Sharma
Sanjay Nagar
Gali No.6
Chambal Marg
Kota Junction
Kota
2. The Public Information Officer
West Central Railway
Divisional Railway Manager’s Office
Kota Division
Kota
3. The Appellate Authority
West Central Railway
Divisional Railway Manager’s Office
Kota Division
Kota
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving
(1) copy of RTIapplication, (2) copy of the Commission’s decision, and (3) any other documents which he/she
considers to be necessary for deciding the complaint.