In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000225
Date of Hearing : March 21, 2011
Date of Decision : March 21, 2011
Parties:
Applicant
Shri Rajesh Kumar
C/o Shri Shailendra Kumar Sinha
F30, P.C. Colony
Kankarbagh
Patna 800 020
The Applicant was present during the hearing.
Respondents
Ministry of Railways
ED(PG) & PIOI
Railway Board
Rail Bhawan
New Delhi
Represented by : Shri D.V.Rao, APIO & JDE(N)
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
The Commission on perusal of the submissions on record holds that information submitted against all the
points is adequate and that all the information available with the Public Authority has been furnished.
However, in order to ensure that the Appellant is completely satisfied, the Commission directs the PIO to give
a personal hearing to the Appellant to explain the policy regarding 'seniority' and also to provide any further
clarification required by the Appellant with respect to point 3(b) of the RTI application regarding marks given
for seniority in the case of SC, ST candidates, on a mutually convenient date, definitely before 20.4.11.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000225
ORDER
Background
1. The Applicant filed an RTI application dt.31.3.10 with the PIO, Ministry of Railways. He sought
information related to seniority for the post of Head Clerk before the announcement of the
recommendations of the Sixth Pay Commission including seniority with regard to reserved and
unreserved categories, against 4 points. Shri R.D.Choudhury, CPIOI replied on 20.5.10 enclosing
the information received from the Directorate stating that there is no provision to provide comments
on hypothetical situations, in the RTI Act . He also added that at present as per rules, there is no
selection post with regard to hierarchy of head clerks. Hence there is no question of giving any
marks to seniority. He also provided further clarification with regard to selection on the basis of
seniority. The Applicant filed an appeal dt.3.8.10 with the Appellate Authority stating that while
information against point 3(a) has been provided, the copy of the relevant document has not been
furnished. He also stated that information against points 1(a), 1(b), 2(a), 2(b), 3(b) and 4 has not
been provided. Shri P.K.Sharma, Appellate Authority replied on 16.9.10 enclosing further clarification
as provided by the concerned nodal officers and also enclosing various documents. Being
aggrieved with the reply, the Applicant filed a second appeal dt.10.11.10 before CIC.
Decision
2. During the hearing, the Appellant requested for information against point 3(b) of the RTI application.
3. The Commission on perusal of the submissions on record holds that information submitted against
all the points is adequate and that all the information available with the Public Authority has been
furnished. However, in order to ensure that the Appellant is completely satisfied, the Commission
directs the PIO to give a personal hearing to the Appellant to explain the policy regarding ‘seniority’
and also to provide any further clarification required by the Appellant with respect to point 3(b) of the
RTI application regarding marks given for seniority in the case of SC, ST candidates, on a mutually
convenient date, definitely before 20.4.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Rajesh Kumar
C/o Shri Shailendra Kumar Sinha
F30, P.C. Colony
Kankarbagh
Patna 800 020
2. The Public Information Officer
Ministry of Railways
ED(PG) & PIOI
Railway Board
Rail Bhawan
New Delhi
3. The Appellate Authority
Ministry of Railways
Advisor (Safety)
Railway Board
Rail Bhawan
New Delhi
4. Officer Incharge, NIC