In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000905
CIC/AD/A/2011/000906
CIC/AD/A/2011/000907
CIC/AD/A/2011/000914
CIC/AD/A/2011/000918
CIC/AD/A/2011/000920
Date of Hearing : June 23, 2011
Date of Decision : June 23, 2011
Parties:
Applicant
Shri Nachiketa
R/o Gehloton Ka Baas
Magra - Poonjala
Jodhpur
Rajasthan
The Applicant was not present during the hearing
Respondents
North Western Railway
Divisional Railway Manager's Office
Jodhpur Division
Jodhpur
Represented by : Shri A.K.Mehta, APIO & ACM
Shri Basant Singh, APO
NIC Studio, Jodhpur
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000905
CIC/AD/A/2011/000906
CIC/AD/A/2011/000907
CIC/AD/A/2011/000914
CIC/AD/A/2011/000918
CIC/AD/A/2011/000920
ORDER
Background
CIC/AD/A/2011/000905
1. The Applicant filed an RTI Application dt.24.8.10 with the PIO, DRM Office, North Western Railway,
Jodhpur. He wanted to know the position/grade of the officer who can appoint an officer to enquire
into the charges against a gangman. The PIO replied on 13.9.10 stating that the enquiry officer
should be sufficiently senior to the charged official. The Applicant filed an appeal dt.10.10.10 with the
Appellate Authority seeking clarification of the term ‘sufficient senior’. The Appellate Authority replied
on 28.10.10 stating that the Railway Board has not given any list of officers who are ‘sufficient senior’
and hence whatever is available in the rules has been provided. Being aggrieved with the reply, the
Applicant filed a second appeal dt.10.2.11 before CIC.
CIC/AD/A/2011/000906
2. The Applicant filed an RTI Application dt.15.8.10 with the PIO, DRM Office, North Western Railway,
Jodhpur seeking the copy of the SI3 form submitted by Sr.Section Engineer/Telecom/East, NWR,
Jodhpur for the month of August 2006. The PIO replied on 3.9.10 stating that SI3 form has not been
submitted by Sr.SE for the month of August 2006. The Applicant filed an appeal dt.10.10.10 with the
Appellate Authority seeking the reasons as to why the form was not submitted by SSE. The
Appellate Authority replied on 28.10.10 upholding the decision of the PIO. Being aggrieved with the
reply, the Applicant filed a second appeal dt.11.2.11 before CIC.
CIC/AD/A/2011/000907
3. The Applicant filed an RTI Application dt.16.8.10 with the PIO, DRM Office, North Western Railway,
Jodhpur seeking the copy of the SI3 form submitted by Sr.Section Engineer/Telecom/East, NWR,
Jodhpur for the month of Sept. 2006. The PIO replied on 3.9.10 stating that SI3 form has not been
submitted by Sr.SE for the month of Sept. 2006. The Applicant filed an appeal dt.10.10.10 with the
Appellate Authority seeking the reasons as to why the form was not submitted by SSE. The
Appellate Authority replied on 28.10.10 upholding the decision of the PIO. Being aggrieved with the
reply, the Applicant filed a second appeal dt.11.2.11 before CIC.
CIC/AD/A/2011/000914
4. The Applicant filed an RTI Application dt.26.8.10 with the PIO, DRM Office, North Western Railway,
Jodhpur. He stated that a certain office clerk has not processed the case related to his MACPS
benefits within the prescribed time period and queried as to what action has been taken against the
office clerk. The PIO replied on 22.9.10 stating that there did not find any reason to take action
against the office clerk. Not satisfied with the reply, the Applicant filed an appeal dt.10.10.10 with the
Appellate Authority. The Appellate Authority replied on 1.11.10 providing the required clarification.
Being aggrieved with the reply, the Applicant filed a second appeal dt.17.2.11 before CIC.
CIC/AD/A/2011/000918
5. The Applicant filed an RTI Application dt.25.8.10 with the PIO, DRM Office, North Western Railway,
Jodhpur seeking the copy of his service record for the period from 18.7.1975 till his removal from
service. The PIO replied on 13.9.10 enclosing the required information. The Applicant filed an
appeal dt.10.10.10 with the Appellate Authority stating that there were several errors in the service
record. The Appellate Authority vide his order dt.28.10.10 provided the required clarification. Being
aggrieved with the reply, the Applicant filed a second appeal dt.15.2.11 before CIC requesting that
the Commission direct the public authority to rectify the errors.
CIC/AD/A/2011/000920
6. The Applicant filed an RTI Application dt.25.8.10 with the PIO, DRM Office, North Western Railway,
Jodhpur. He wanted to know the No. of candidates for whom call letters were issued for the post of
ESM(SM) and also the rules applicable in this case. The PIO replied on 13.9.10 enclosing the
desired information. The Applicant filed an appeal dt.10.10.10 with the Appellate Authority seeking
further clarification of the rules provided to him. The Appellate Authority replied on 27.10.10
enclosing the copy of the IREM Manual 1989, PartI, Para 183. Being aggrieved with the response,
the Applicant filed a second appeal dt.17.2.11 before CIC.
Decision
CIC/AD/A/2011/000905, /906, /907, /914, /920
7. The Commission on review of the information sought holds that complete information has been
furnished to the Appellant and accordingly rejects the appeals and closes these cases.
CIC/AD/A/2011/000918
8. During the hearing, the Respondents submitted that the completed service book since 18.7.1975 till
his removal and later from his reinstatement till date has already been supplied to the Appellant. With
regard to the Appellant’s request for rectification of errors in his service book, the Commission is not
in a position to grant this relief as the same falls outside the ambit of the RTI Act.
9. This appeal too is therefore rejected and the case closed.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Nachiketa
R/o Gehloton Ka Baas
Magra – Poonjala
Jodhpur
Rajasthan
2. The Public Information Officer
North Western Railway
Divisional Railway Manager’s Office
Jodhpur Division
Jodhpur
3. The Appellate Authority
North Western Railway
Divisional Railway Manager’s Office
Jodhpur Division
Jodhpur
4. Officer in charge, NIC