Central Information Commission Judgements

Mr. Mahendra Singh vs North Western Railway, Jodhpur on 16 February, 2010

Central Information Commission
Mr. Mahendra Singh vs North Western Railway, Jodhpur on 16 February, 2010
             Central Information Commission
                                                                 CIC/AD/A/2009/001811
                                                                Dated 16th February, 2010

Name of the Applicant                      :     MR. MAHENDRA SINGH


Name of the Public Authority               :     NORTH WESTERN RAILWAY, JODHPUR

Background

1. The Applicant filed his RTI request on 25.07.09 with the PIO, North Western Railway,
Jodhpur seeking information about year of confirmation in the Railways of Mr.
Arunendra Kumar Sharma as also information related to confirmation of employees in
quasi-admnistrative offices during the period 1995-2007, all against 6 points. The PIO
replied on 25.08.09 informing the Applicant that the desired information has been
gathered from the concerned department and is available in 2 pages and photocopies
of the same would be made available on payment of Rs.4/-. Not satisfied with the
information received by him, the Applicant filed his First Appeal on 31.08.09
reiterating his request for the information. The Appellate Authority replied on 06.10.09
providing the information gathered from the Nodal PIO. Being aggrieved with the
reply, the Applicant filed his Second Appeal before the Commission on 11.10.09
stating that the PIO has not provided him the names of confirmed employees in the
Railways.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 16th February, 2010 through video conferencing.

3. Mr. S.K. Mohta, PIO, Mr. K. Pawar, Nodal PIO and Mr. Pratul Sarolia represented the
Public Authority at NIC studio, Jodhpur.

4. The Appellant was present at NIC studio, Jodhpur.
Decision

5. The Respondent submitted that the list of confirmed employees cannot be provided as
no confirmation of employees has yet been done in the quasi administrative offices.
However, in response to the query raised by the Appellant about promotion having
been given despite the employee not having been confirmed, the Respondent
submitted that confirmation of service in the Public Authority has nothing to do with
the with the promotion as the confirmation has to do be done just once when the
employee is working in any grade, unlike in earlier years when confirmation was
required in each Grade. The Commission on perusal of the information provided holds
that no information in respect of confirmed employees as sought in the second appeal
can be provided to the Appellant because the information does not exist as no one has
been confirmed.

6. The Appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Deputy Registrar

Cc:

1. Mr. Mahendra Singh
H. No. T-18 A
Railway Traffic Colony
Jodhpur Rajasthan.

2. The PIO
North Western Railway
Divisional Railway manager’s Office
Jodhpur Division
Jodhpur.

I9

3. The Appellate Authority
North Western Railway
Divisional Railway manager’s Office
Jodhpur Division
Jodhpur.

4. Officer in charge, NIC

5. Press E Group, CIC