In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/001325
Date of Hearing : September 01, 2011
Date of Decision : September 01, 2011
Parties: (Heard through videoconference)
Appellant
Shri Manish Kumar
Village & Post Poari, PS Harnaut Distt.
Nalanda
Bihar 803 110
The Appellant was present.
Respondents
Railway Recruitment Board
GM/SECR's office Complex,
Bilaspur 495 004
Represented by : Shri Nitin Dhimole, Chairman and Shri R.V. Apotikar, PIO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001325
ORDER
Background
1. The Applicant filed his RTIapplication dated 04.02.2011 with the PIO, RRB, Bilaspur seeking
reasons for his being shown as an unsuccessful candidate in the examination conducted by the
public authority for appointment to the post of Assistant Loco Pilot. He also desired for the cut off
marks set for the said examination. Since the Applicant did not receive any reply from the PIO, he
filed his 1stappeal with the Appellate Authority on 13.04.2011. The AA, in response, on 26.04.2011
gave required information to the Appellant. The Appellant, however, dissatisfied with this reply, filed
the present appeal before the Commission on 09.05.2011 requesting for the disclosure of
information.
Decision
2. During the hearing, the Respondent stated that since the Appellant had failed to write the complete
passage in the declaration sheet, while applying, his application form was rejected as per the
conditions given in the employment notification for the said examination. The Appellant called this
action of the Respondents incorrect as they had already, after scrutinizing his examination application
form, had issued to him his admit card for the examination and had allowed him to also appear for
the said exam. The Respondents then mentioned that they have multi level scrutiny system for
assessing the candidature and that the said error on the Appellant’s application form was noticed at
the second stage scrutiny, after the Appellant had appeared for the exam.
3. While I have no reason to disbelieve the Respondents’ statement that the Appellant had missed out
some necessary portion in his application form, the fact that the Respondents also somewhere had
apparently failed to notice such major error in the Appellant’s application form at their first stage
scrutiny and consequently had issued him the admit card cannot be overlooked. Since the reasons
for failing the exam have already been provided to the Appellant, in the interest of the Appellant, the
Commission directs the Appellate Authority RRB u/s18(2) of the RTI Act, to look into the matter and
to find out whether there is any negligence on the part of the official(s), who were entrusted the job
of first stage scrutiny in the Appellant’s case and to take appropriate action , if there is evidence of
such negligence. The enquiry report along with information on action taken may be provided to the
Appellant by 15 October, 2011.
4. As regards disclosure of information, the PIO is directed to provide to the Appellant: a) a copy of
instructions issued in respect of first stage scrutiny of said examination forms; and b) copy of
Appellant’s examination form highlighting the portion therein which the Appellant failed to fill in
completely. This is to be provided to the Appellant by 5 October, 2011.
5. The Appeal is disposed of with the above directions.
6. As regards delay in responding to the Appellant’s RTIapplication, it is directed that the PIO shall
show cause as to why a penalty under Section 20(1) of the RTIAct should not be imposed upon him
for his failure to respond to the Appellant’s RTIapplication within the time limit set under the RTIAct.
Returnable by 30.09.2011.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Manish Kumar
Village & Post Poari, PS Harnaut Distt.
Nalanda
Bihar 803 110
2. The Appellate Authority
Office of the Chairman
Railway Recruitment Board
GM/SECR’s office Complex,
Bilaspur 495 004
3. Public Information Officer
Office of the Secretary
Railway Recruitment Board
GM/SECR’s office Complex,
Bilaspur 495 004
4. Officer in charge, NIC