Central Information Commission
CIC/AD/A/2010/000183
Dated 8th April, 2010
Name of the Applicant : DR. P R SAHARE
Name of the Public Authority : MINISTRY OF RAILWAYS,NEW DELHI
Background
1. The Applicant filed his RTI request on 03.07.09 with the PIO, Ministry of Railways, New
Delhi seeking information against 19 points on the subjects of discrimination in selection
procedures and promotion of stenographers from Junior to senior scale. The PIO replied
on 22.07.09 providing the information against points 1, 2, 6 and 16 received from
Directorate vide letter dated 20.07.09 and subsequently vide letter dated 04.08.09
received from US/ Railway Board providing information against points 7, 8, 9, 10, 11, 14
and 19 and once again information received from Railway Board a second time against
point 3, 4, 5, 12, 13, 15, 17, 18 and 19. Not satisfied with the information, the Applicant
filed his First Appeal on 30.09.09 seeking further information against points 2, 5, 10, 11,
13, 14, 15, 16, 18 and 19. The Appellate authority in his order dated 14.12.09 provided
further clarification against the above mentioned points. Still not satisfied, the Applicant
filed a Second Appeal before the Commission on 01.01.2010 seeking complete
information against points 10, 11, 14, 18 and 19.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 8th April, 2010.
3. Mr. Fllix Kerketta, Dir. Estt. cum deemed PIO, Dr. Menka Jain, Dir(IH) cum Nodal Officer,
Dr. R K Jain, Dir (H&FW) cum Nodal Officer and Mr. N. Vijaya Kumar SO represented the
Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The Respondent submitted that the Appellant had filed an OA before CAT/New Delhi aggrieved due
to his nonpromotion to SAG and that the DPC proceedings and file notings form an integral part of
the OA. The Appellant on his part requested for information with regard to point 10 in respect of
grounds for denial of his promotion in SAG and against point 11 in respect of DPC
proceedings along with file notings. The Commission placing reliance on the High Court,
Delhi decision in a similar case WP ( C)no. 1717/2008 not to disclose file notings and
DPC proceedings as they form an integral part of the OA filed in the Court , in the
present case ie. in respect of OA 540/2010, denies disclosure of documents being
sought by the Appellant in a similar situation , the documents being an integral part of the
OA filed by him before CAT/New Delhi, under Section 8(1)(h) of the RTI Act.
Information against point 10 is available in the DPC proceedings which are denied for
reasons given hereinabove.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Dr. P R Sahare
Sr. DMO
ZRTI Health Unit
Central Railway
Bhusaval – 425 203.
2. The PIO
Ministry of Railways
O/o the Jt. Secy.(G) & CPIOII
Railway Board
Rail Bhawan
New Delhi.
3. The Appellate Authority
Ministry of Railways
O/o the Advisor (Staff)
Railway Board
Rail Bhawan
New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC