Central Information Commission
CIC/AD/A/2010/000210
Dated May 4, 2010
Name of the Applicant : Shri Bharatgar Gajrajgar Goswami
Name of the Public Authority : DRM Office
Western Railway
Bhavnagar
Background
1. The Applicant filed his RTI application dt.18.7.09 with the PIO, DRM Office, Western
Railway, Bhavnagar seeking information in respect of the clarification issued by Railway
Board on the subject of resorting to direct recruitment only after absorption of excasual
labourers who are still on roll on the live register/supplementary live register vide letter
dt.4.7.06. He added that clarification is based on various extant circulars issued by the
Board including circular dt.25.4.1986. In the paragraph (viii) of the letter there is a
mandate providing ‘Railways may resort to direct recruitment of Group ‘D’ only after
exhausting the possibility of absorbing (a) surplus staff available for redeployment, (b)
casual labour on roll, (c) Excasual labour on live register and Supplementary live
register. In this context, he requested for information against 4 points. The PIO replied
on 28.8.09 furnishing point wise information. Not satisfied with the reply, the Applicant
filed an appeal dt.14.9.09 with the Appellate Authority commenting on the information
provided. The Appellate Authority replied on 23.10.09 providing further clarification. Being
aggrieved with the reply, the Applicant filed a second appeal dt.18.12.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for May 4, 2010.
3. Shri H.M.Parmar, DPO, Shri Chetan Joshi, OS and Shri Sanjan OS represented the
Public Authority.
4. The Applicant was heard by audio conferencing.
Decision
5. The Appellant submitted that a clarification had been issued by the Railway Board,
Government of India on the subject of direct recruitment . According to this direct
recruitment may only be resorted to after exhausting the possibility of absorbing surplus
staff available for redeployment, casual labour on roll, and Excasual labour on live
Register and Supplementary Live Register. He wanted to know the action taken on this
in respect of those registered in the Live Register and supplementary Live Register. The
Respondent submitted that all the three groups have been exhausted and there is no
one remaining in any one of the three categories who is fit to be employed. He explained
that there are 369 names in the Live Register and 12 in supplementary Live Register.
He added that in 1981 Supreme Court had passed a judgment stating that there should
be common system for absorption of casual labourers. The Railways had undertaken
various projects and casual labourers were engaged in these projects but were laid off
once the projects were completed. He further added that in 199394, advertisements
were placed in newspapers on notice boards and various other places inviting all the laid
off casual labourers to register their names and have their names entered in a live
register. The Appellant’s name is however missing From the list of names in the live
register indicating thereby that that the Appellant had not got himself registered and his
name entered in the Llive Register. Names of all those present at that time were
included in the Live Register. The Appellant now wants his name to be included in the
live register whereas the exercise had been a one time affair and nothing further can be
done at this stage. The Respondents also clarified that the live register is actually a list of
names and not a register as such.
6. The Commission after hearing the submissions of both sides, directs the PIO to
transfer the RTI application to PIO, Rajkot Division with the direction to furnish the
information against point 6.3 (third paragraph under point 6) of the RTI application. The
Commission also directs the PIO to provide an affidavit to the Commission with a copy to
the Appellant giving the names of the 369 people in the live register and 12 in the
supplementary register along with the post they have been absorbed in including the
dates. In the event there are cases not absorbed, the reasons to be provided in the
affidavit. The information including affidavit to be provided by 5.6.10 and the Appellant to
submit a compliance report to the Commission by 11.6.10.
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Bharatgar Gajrajgar Goswami
Ramji ni wadi
Near the DRM BVP Office
Western Railway
Bhavnagar 364 003
2. The PIO
Western Railway
Divisional Railway Manager’s Office
Bhavnagar Division
Bhavnagar
3. The Appellate Authority
Western Railway
Divisional Railway Manager’s Office
Bhavnagar Division
Bhavnagar
4. Officer incharge, NIC
5. Press E Group, CIC