Central Information Commission Judgements

Mr.Bijaya Sankar Mishra vs Ecr, Orissa on 19 May, 2009

Central Information Commission
Mr.Bijaya Sankar Mishra vs Ecr, Orissa on 19 May, 2009
             Central Information Commission
                                                          CIC/OK/A/08/00688-AD

                                                               Dated May 19, 2009

Name of the Applicant                   :   Mr.Bijaya Sankar Mishra

Name of the Public Authority            :   ECR, Orissa


Background

1. The Applicant filed an RTI application dt.12.9.07 with the CPIO, ECR, Khurda.

He requested for information against 8 points including the following:

i) How many posts are lying vacant in all ministerial categories of
personnel branch and from which date

ii) The reason that all the selections and suitability tests of personnel
branch have not been conducted in time and staff responsible for such delay.

iii) At present how many vacancies including anticipated vacancies for
next six months are available in Sr. Clerk in scale Rs.4500-7000 RSRP in
personnel branch.

The CPIO replied on 5.10.07 furnishing point wise information including the
following:

i) The selection and the suitability test have been initiated in due time
but could not be finalized due to legal complications.

ii) At present no vacancy exists in the category of Sr. Clerk in Scale
Rs.4500-7000 (RSRP). Anticipated vacancy for next six months available in
Sr. Clerk – Nil
Not satisfied with the reply, the Applicant filed an appeal dt.11.10.07 with the
Appellate Authority. The Appellate Authority replied on 13.11.07 upholding
the decision of the CPIO. He however, invited the Applicant to inspect the
relevant records available with Personnel Branch with prior permission of
Sr.DPO/DPO for better appraisal on the issue. Aggrieved with the reply, the
Applicant filed a second appeal dt.14.3.08 before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on May 19, 2009.

3. Mr. R.L. Gupta, ADRM/ECOR cum CPIO and Mr. L.V.S.S. Patrudu, Sr.
DPO/KUR represented the Public Authority.

4. The Applicant was present during the hearing.

Decision

5. The Respondents submitted that all available information has been provided
to the Appellant and that the main grievance of the Appellant is related to the
fact that he was not informed about anticipated vacancies on time because of
which his promotion got delayed and he suffered financial loss. This was
confirmed by the Appellant. Perusal of the information provided revealed that
point-wise information has been provided to the Appellant. The Appellant is
advised to approach an appropriate forum for redressal of his grievance.

6. The appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar
Cc:

1. Mr.Bijaya Sankar Mishra
Rly. Qtrs. No.F/5/F
Traffic Colony
Khurda Road
At/P.O – Jatni
Khurda 752 050
Orissa

2. The CPIO
East Coast Railway
Khurda Road Division
At/PO – Jatni
Khurda 752 050
Orissa

3. The Appellate Authority
East Coast Railway
Khurda Road Division
At/PO – Jatni
Khurda 752 050
Orissa

4. Officer in charge, NIC

5. Press E Group, CIC