Central Information Commission
CIC/OK/A/2008/01025-AD
Dated June 18, 2009
Name of the Applicant : Mr.B.S.Naidu
Name of the Public Authority : SECR, Bilaspur
Background
1. The Applicant filed an RTI application dt.10.3.08 with the CPIO, SECR,
Bilaspur. He stated that there is one favourite local officer in the Engineering
Department of Bilaspur Division who has been favoured with transfer from
one seniority unit to another in violation of extant rules .In this connection, he
requested for information against 4 points including the following:
i) Under provision of which rules or justification such promotion of staff
from one seniority unit to another with protection of seniority are being
carried on in Engg. Deptt under Sr.DEN/Settlement/SECR/BSP.
The CPIO replied on 3.4.08 furnishing point wise information . He stated that
“the seniority of Railway servants on their own request from one Railway to
another should be allotted below that of existing confirmed, temporary and
officiating Railway servant in the relevant grade in the promotion group of the
new establishment, irrespective of the date of confirmation of length of
officiating or temporary transfer of the transferred Railway Servant. This rule
is also applicable to the cases of transfer on request from one cadre/division
to another cadre/division on the same railway.”
Not satisfied with the reply, the Applicant filed an appeal dt.7.5.08 with the
Appellate Authority. The Appellate Authority replied on 29.5.08 stating that
information sought does not come under the purview of the RTI Act since the
same does not exist in the files. Aggrieved with the reply, the Applicant filed
a second appeal dt.30.6.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for June 18, 2009.
3. Mr. Ranbir Singh, ADRM and Mr.P. Gupta, Sr.DEN, Bilaspur represented the
Public Authority.
4. The Applicant was present along with Mr. B.K. Pandey during the hearing.
Decision
5. It was the Appellant’s contention that the promotion etc. of staff is according
to the ‘whim and pleasure’ at the helm of affairs. He requested the
Commission to call for the case file of the ‘favoured’ person so that he can
inspect the same. The Commission directs the CPIO to allow the Appellant to
inspect the office file of the person who has been allegedly favoured by
transferring him from one seniority unit to another, since the information is
already in the public domain, by 15th July, 2009.
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Mr.B.S.Naidu
Rly. Qtr.No.249/E
Railway Colony
Near N.W.Institute
Bilaspur
Chattisgarh
2. The PIO
South East Central Railway
Divisional Railway Manager’s Office
Bilaspur Division
Bilaspur
3. The Appellate Authority
South East Central Railway
Divisional Railway Manager’s Office
Bilaspur Division
Bilaspur
4. Officer incharge, NIC
5. Press E Group, CIC