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Decision No. CIC /SG/A/2009/000724/3438
Appeal No. CIC /SG/A/2009/000724
Relevant Facts
emerging from the Appeal
Appellant : Mr. B.R. Nikhalje
Junior Electric Engineer-II,
Workshop, Motibagh,
Nagpur
Respondent : Mr. V.B.S.Rao
Nodal Officer & Senior Divisional Electric
Engineer,
South East Central Railway,
Nagpur
RTI application filed on : 18/11/2008
PIO replied : 28/11/2008
First appeal filed on : 11/12/2008
First Appellate Authority order : 26/12/2008
Second Appeal received on : 08/04/2009
Information sought:
The appellant in his RTI application has sought the information regarding the steps
taken on his appeal on 20.02.2007, photocopy of report of the fact finding in regard of
defense statement, photocopy of order and information regarding ‘dismissal of illegal transfer
order’. He has also sought information about the officer who had ordered to stop Mr
B.R.Nikhalje on the main gate of Motibagh Workshop and copy of the said order.
The PIO’s Reply:
The PIO replied to the appellant that
S.No. Information Sought PIO’s reply
1. What steps has been taken on the File SF-5 has been put before the Appellate
appeal for natural justice refuting Officer.
the F.S.5 through the proper
medium vide letter no Sr.
SE/EL/WS/NGP/F-19107 dt.
20.02.2007 to Senior Divisional
Electric Engineer/ S.E.C.Railway,
Nagpur.
2. Please provide the copy and date of Fact finding report from Inspection officer has
fact finding after the defense been received, copy of that case file vide letter
statement of requester to the Mr. no EL/NGP/E/D&A/BRN/08/1523 dt
Pathak, Inspection Officer and 24.11.2008 has been sent to your present
Senior Divisional Electric Enginner/ address. If not received by post, you can still
SEC Railway in relation of giving get a copy of fact-finding report from this
him false letter no EF CORE/11C/ office at any working day.
dt. 03/03/03/23.04.03. Staps taken
on this
3. Please provide the information of Your application regarding dismissal of
action taken regarding appeal for the transfer was produced before the competent
‘Dismissal of illegal transfer’ dt authority DRM/Nagpur but he denied and
17.10.2008 by SDEE/SECR/Nagpur directed to obey the order of transfer,
information of that has been sent to Senior
deputy section Engineer/Motibagh vide letter
dt. 05.05.2008 for your knowledge. So the
action has not been taken on application dated
17.10.2008
4. Please give the photocopy of the Your Incharge Senior Section Engineer
order to stop Mr B R Nikhalje on (Electrical) workshop, Motibagh has relieved
the front gate of Motibagh you from your duty on 17.10.2008 vide letter
Workshop by SSEE/WS/MIB to SSE/EL/WS/NGP/F-30/30/08/055, so a letter
OC/RPF/WS/MIB on 17.10.2008 no SSE/EL/WS/NGP/F-30/30/08/056 has
1) Which authorized officer issued to stop you from entering into
approved the stopping workshop. Copy of these two letters are
order? enclosed.
2) What was the cause behind
this that restrained the
regular employee from
their fundamental rights?
5. Please provide the photocopy of the The said letter was issued at the oral order of
cause of issuing the letter no Senior Divisional Electric Engineer (Astt.) for
SSE/EL/WS/NGP/E/08/034 dt. the betterment of office of the workshop
06/07.10.2008 of SSEE/WS/MIB
and order of the approval of
Sr.DEECG/SECRJNGP
The First Appellate Authority’s Order:
The First Appellate Authority ordered, “Part 1 to 3 of your application dated 18/11/2008 is
related to discipline and part 4 and 5 is related to subject of transfer. So file separate
applications for redress of you dispute before the competent officer in concerned
departemnt.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. B.R. Nikhalje
Respondent: Mr. V.B.Subbarao, PIO
The PIO will provide the following information to the appellant:
1- With respect to query 4 names of the officer whose designation have already been
provide.
2- Copy of the transfer order. 3- A Statement that no written sanction was given from Senior DEG for
redistribution of work amongst supervisors of the workshop.
Decision:
The appeal is allowed.
The above information will be given to the appellant before 05 June 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
27th May 2009
(In any correspondence on this decision, mentioned the complete decision number.)