In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000185
Date of Hearing : June 9, 2011
Date of Decision : June 9, 2011
Both parties heard through video Conferencing
Parties:
Applicant
Shri P K Mukherjee
H.No. C33/204 21 B
Chandua
Chittoopur
Varanasi - 221002.
Applicant was present.
Respondent(s)
Northern Eastern Railway
Divisional Railway Manager's Office
Varanasi Division
Varanasi.
Represented by : Shri Satyanarayan, PIO
Shri Arvind Srivastava, APIO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000185
ORDER
Background
1. The RTI Application dated 4.8.2010 was filed by the Applicant with the PIO, North Eastern Railway,
Varanasi Division. The Applicant wanted to know whether the instructions contained in three letters
from the Railway Board dated 31.3.58, 3.3.78, & 3.4.86 have been followed by the concerned
officials or not. He further wanted to know whether any action has been initiated based on the
directions given in other four letters for the purpose of final disposal of the D & AR cases in the
division. The PIO replied on 30.8.2010 enclosing the pointwise reply furnished by the PIO DRM
Office, Varanasi. Not satisfied with the reply the Applicant filed an appeal dated 17.11.2010 stating
that the Disciplinary Authority is not obeying the rules and directives of the Railway Board and is
getting employees compulsorily removed from service.
Decision
2. During the hearing the Appellant stated that as per the Railway Board rules before issuing the order
for compulsory retirements it is necessary for the PA to take advise from the UPSC. The Respondent
however when questioned as to whether the UPSC’s advise is being taken before the compulsory
retirement of employees, stated that it depends upon the nature of the case. He explained that
generally in the case of Class I and II Officers UPSC advise is taken except if there is a case
involving any fraud . The Appellant at this stage complained that almost 40 people have been
compulsorily retired in the last few years without taking UPSC’s advise and that with regard to D&AR
cases almost 50 are still pending disposal. He contended that the Department is not following the
instructions given by the Railway Board with regard to the number of days set for disposal of D&AR
cases of different categories. The Respondent submitted that the delay in disposal of case is due to
the delay in response by the parties involved and that it is not deliberate.
3. The Commission after hearing both sides holds that the Appellant is not seeking any information
against both points and is only expressing his grievance with the Public Authority which can only to
be redressed by an appropriate grievance redressal forum. The Appeal is therefore rejected and the
case closed at Commission’s end.
4. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc
1. Shri P K Mukherjee
H.No. C33/204 21 B
Chandua
Chittoopur
Varanasi – 221002.
2. The Public Information Officer
Northern Eastern Railway
Divisional Railway Manager’s Office
Varanasi Division
Varanasi.
3. Officer Incharge, NIC.