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Decision No. CIC/SG/A/2009/000458/3081
Appeal No. CIC/SG/A/2009/000458
Relevant Factsemerging from the Appeal
Appellant : Mr. M.G.Jogdand
Advocate
81, ‘Pitamahi’ Gokulpeth
Nagpur-440 010.
Respondent : Mr.P.M. Motwani
APIO
Central Railway
General Manger's Office,
Public Information Cell (HQ),
CST, Mumbai-400 001.
RTI application filed on : 29/09/2008
PIO replied : 27/10/2008
First appeal filed on : 04/02/2009
First Appellate Authority order Not replied
Second Appeal filed on : 12/03/2009
The Details of required information:-
The Appellant had asked regarding his son Mr.Prakash Madhav Jogdand currently
working as Helper/Khalasi under Senior Section Engineer/AEE/TRD/Akola H.Q. at Akola in
Bhusaval Division of Central Raliway for last 13 years and is denied any promotion even though
he had served C.Rly for more than 10 years before joining this post. He was appointed as Crane
Driver/Motor Driver/Tower Wagon Driver in Railway Electrification Projects at Nagpur,
Bezwada and Ranchi and was granted Temporary grade Status with effect from 1.10.1988.
During his service as Crane Driver/Motor Driver/Tower Wagon Driver he appeared for trade test
and was declared successful to continue as Crane Driver/Motor Driver/Tower Wagon Driver.
Project employees are absorbed in the regular cadre, but he was shown as MRCL and was posted
as Helper/Khalasi (Lower Grade-Lower Pay Scale) in Bhusaval Division of Central Railway,
H.Q at Manmad for no fault of him and is still continuing in the same post for last 13 years.
After prolonged correspondence with higher authorities without any positive result, I had to step-
in in his help by invoking the provisions of RTI Act, 2005 and seeking information for inaction
on the part of the Railway authorities.
The PIO’s reply.
PIO had replied that “It is observed from your application that you have put forth your
grievances regarding service matters of your son, Sh.Prakash M.Jogdand in your application
which are not coming under the purview of the RTI Act, 2005. You may appreciate that the
purpose of the RTI Act, 2005 is to provide the information available in material form and any
grievances cannot be dealt under the Act. You may, therefore, advise to approach appropriate
authority for redressal of your grievances.”
The First Appellate Authority ordered.
Not replied.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. M.G.Jogdand
Respondent : Mr. Meena First appellate authority Bhusawal Div.
The appellant would like to inspect the relevant records.
Decision:
The Appeal is allowed.
The PIO will facilitate an inspection of the records on 12 May 2009 and give photocopies of
documents which the appellant wants free of cost upto 100 pages.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
4th May, 2009
(In any correspondence on this decision, mentioned the complete decision number.)