Central Information Commission
CIC/OK/A/08/00662-AD
Dated May 12, 2009
Name of the Applicant : Mr.Babu Lal
Name of the Public Authority : North Western Railway, Jodhpur
Background
1. The Applicant filed an RTI application dt.24.1.08 with the CPIO, NR, Jodhpur.
He stated that on being decategorized he took up his new post on 21.10.2000
and before decategorisation he was working as Fireman Grade II. He added
that as per the decision of the Committee for Alternate Employment, on the
basis of medical grounds, the decategorised personnel should have been
absorbed in alternate employment from 7.2.96. With this background he
wanted the following information: (i) Whether the decategorisation was
before or after the Equal Opportunities Protection of Rights and Full
Participation Act 1995 came into being (ii) whether the officers are aware of
the provisions of the Act, (iii) who was the competent authority by whose
orders he was provided the lowest grade, (iv) the action taken in respect of
his case and the officers responsible for dealing with his case. The CPIO
replied on 12.2.08 enclosing the information which was made available by the
Divisional Personal Officer who is also the Nodal PIO, North Western Railway,
Jodhpur providing point wise information. Not satisfied with the reply, the
Applicant filed an appeal dt.18.2.08 with the Appellate Authority reiterating
his request for the complete information. The Nodal PIO replied on 22.2.08
and once again provided point-wise information and further clarification.
Aggrieved with this reply, the Applicant filed a second appeal dt.28.3.08
before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 12, 2009.
3. Mr. Anurag Kapil, Sr. DEM cum CPIO, Mr. Shirish Kesarhiani, Addl. DRM cum
Appellate Authority and Mr. Kailash Panwar, Sr. DPO, North Western Railway,
Jodhpur represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellant was earlier working as a
Fireman Grade II and due to his medical condition was decategorised and was
asked to report as C &W Safaiwala at the same grade. The Appellant
however refused this job on health grounds. The Committee for Alternate
Employment then deliberated on the issue and at his request granted him the
lower post of Electrical Khalasi, which he accepted. However, he is now
raising questions on why his request was accepted and whether the
Committee members who had agreed to his request were aware of the
Persons with Disabilities (Equal Opportunities Protection of Rights and Full
Participation), Act, 1995 or not. It is the contention of the Respondent that
while the complete information has been provided, his grievance itself has no
merit, since the Appellant has requested for the lower post of Electrical
Khalasi. Perusal of the information provided revealed that complete
information has been furnished to the Appellant
6. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Babu Lal
Sr.Khalasi (Retd.)
Rly. Qtr.No.T 145G
Behind RPF Line
Jodhpur
2. The CPIO
North Western Railway
Divisional Railway Manager’s Office
Jodhpur Division
Jodhpur
3. The Appellate Authority
North Western Railway
Divisional Railway Manager’s Office
Jodhpur Division
Jodhpur
4. Officer in charge, NIC
5. Press E Group, CIC