Central Information Commission
CIC/OK/A/08/00418-AD
Dated May 11, 2009
Name of the Applicant : Mr.C.P.Singh
Name of the Public Authority : Western Railway, Bhavnagar
Background
1. The applicant filed an RTI application dt.5.5.07 with the PIO, WR. Bhavnagar.
He requested for information against 9 points the following information in the
light of the following nine O.Os:
i) O.O.No.ET/95/2004 dt.5.4.04
ii) O.O.No.ET/09/2006 dt.9.1.06
iii) O.O.No.ET/27/2006 dt.27.1.06
iv) Railway Board letter No.PC/III/2003 CPC/06 dt.9.10.03
v) G.M.(E)-CCG's letter No.ET/830/0 Vol.III dt.15.8.04
vi) Railway Board letter No.2005 E (SCT) 1/78/1 of 5.8.05
vii) WRMS letter No.WRMS/SS'S-TI's-YM's/2006/49/05 dt.28.1.06
viii) O.O.No.ET/27/2006 dt.24.8.06
ix) O.O.No.ET/04/2006 dt.3.1.07.
Why was OD 3 issued for administrative requirement and why it was not
cancelled on the strength of OD 4 and OD 7 with special reference to OD 7?
The CPIO replied on 30.5.07 as follows:
i) Shri S.K.Meena was holding lien in the cadre of SS/TI/YM and has
been placed on the panel of SS/TI/YM Sc Rs.7450/11500(RSRP). Competent
authority has posted Mr. Meena as SS/DCK and subsequently as TI/GG.
There is no violation of policy issued under Railway Board’s letter dt.9.10.03.
ii) The applicant has also filed an OA in Hon.CAT/ADI vide OA
No.163/2006 for cancellation of administrative transfers from GG to DAS.
The OA decided on 31.8.06 employee has alleged administration for malafide
intention. In the judgement, Hon.CAT/ADI has specifically pointed out that ‘in
the present case, applicant, who has already spent eight years at GG has
miserably failed to bring home the allegation of malafide against the
respondents. That part who shall be posted where are with in the
discretionary powers of Departmental authorities, who have transfer the
applicant’ This case was dismissed. Applicant has made baseless allegations
iii) It is correct that office order No.ET/27/2006 partially cancelled but this
has been done with the approval of competent authority.
iv) Railway Board’s letter dt.5.8.05 is regarding representation of SC/ST
employee. Employee’s representation has been considered and orders were
kept in abeyance for school session.
iv) Letter dt.15.8.04 issued by HQ is not correct. Correct number may
please be given
v) Office Order dt.27.1.06 was issued in accordance with instruction and
policy guideline. This has been supported by Court of Law.
Not satisfied with the reply, the Applicant filed an appeal dt.13.7.07 with the
Appellate Authority. The Appellate Authority replied on 19.11.07 as follows:
i) From the entire case file and the appeal, it is not clear as to what
document/information is required. In this connection, applicant was informed
twice by this office vide letters dt.7.8.07 and 30.8.07 advising him to come in
person and explain exactly the documents/information which is required but
despite repeated reminders, he has not attended the office
ii) The facts explained by him in his application to PIO as well as in the
appeal have all been done as administrative requirement.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 11, 2009.
3. Mr. J.M. Padaya, APO & CPIO and Mr. R.M. Bhatt, OSII represented the Public
Authority.
4. The Applicant was present during the hearing.
Decision
5. The Appellant submitted that OD 5 has been issued under the excuse of
administrative requirement with the intention of dislodging him from
Gandhingram to give favours to one Mr.S.K.Meena and that his transfer from
Gandhigram is in serious violation of the Railway Board’s letter and OD 4
and OD 6 and GM CCG letter under OD 5. He also added that the
modification after 7 months in the same OO vide modified OOs under OD 8
and OD9 confirms his apprehensions. The Respondent stated that the
decision taken to modify OD 3 was an administrative requirement and
reasons for taking this decision are not available on record. Accordingly, the
Commission directs the CPIO to provide an affidavit to the Appellant stating
that no reason/file noting is available with regard to the two cancellations and
the revision. Affidavit to be provided by 10 June 2009.
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Mr.C.P.Singh
23, Dharti Bungalows
Togod Road
Chandkheda
Ahmedabad 382 470
2. The CPIO
Western Railway
Divisional Railway Manager’s Office
Bhavnagar Division
Bhavnagar
3. The Appellate Authority &
ADRM – BVP Division
Western Railway
Divisional Office
Bhavnagar Para
4. Officer incharge, NIC
5. Press E Group, CIC