In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001206
Date of Hearing : July 22, 2011
Date of Decision : July 22, 2011
Parties:
Appellant
Shri Shambu Dayal Tank
R/o Street near Tank Siksha Niketan School,
New Bada near Tulsipuri House, Police Line,
Ajmer
The Appellant was present.
Respondents
North Western Railway
Divisional Railway Manager's office,
Ajmer Division
Ajmer
Represented by: Shri S.M. Johry, Sr. DPO and Shri P.S. Chouhan, CPI
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001206
ORDER
Background
1. The Applicant, through his RTIapplication dated 27.04.2010, filed with the PIO, North Western
Railway, Ajmer, requested that he be given appointment in the public authority after accepting his
name figuring in the panel list. The PIO, on 21.07.2010, informed the Applicant that he has not
identified any document in his RTIapplication and that the office letter dated 11.07.1986 enclosed by
him with the RTIapplication itself reveals the fact that he was earlier engaged against the post of
substitute and was after 10 days discharged from the duty on account of nonfulfillment of minimum
qualification by him for the said post. The Applicant, being dissatisfied with the PIO’s reply, filed his
1stappeal with the Appellate Authority (AA) on 17.08.2010, who, in response, through his decision
dated 14.09.2010, forwarded a reply of APO to the Appellant which wellnigh reiterated the above
reply of the PIO. The Appellant, thereafter, filed the present petition before the Commission on
18.04.2011 repeating his demand that he be given appointment in the public authority and also be
provided with a copy of circular indicating the educational qualification required for the said post.
Decision
2. Heard submissions. The Appellant reiterated his demand that the Commission direct the Public
Authority to appoint him.
3. As it is manifest from the Appellant’s demand in the present appeal that what he is seeking herein is
not an information as defined in Section 2(f) of the RTIAct but rather a matter of settlement of his
grievance which cannot be done under the RTIAct, the present appeal cannot be allowed.
Nonetheless, the PIO, as agreed, shall supply a copy of circular, indicating the educational
qualification required for the said post, to the Appellant. Time within 1 week of receipt of this
order.
4. Appeal is disposed of accordingly.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Shambu Dayal Tank
R/o Street near Tank Siksha Niketan School,
New Bada Near Tulsipuri House, Police Line,
Ajmer
2. The Appellate Authority
North Western Railway
Divisional Railway Manager’s office,
Ajmer Division
Ajmer
3. The Public Information Officer
North Western Railway
Divisional Railway Manager’s office,
Ajmer Division
Ajmer
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving
(1) copy of RTIapplication, (2) copy of PIO’s reply, (3) copy of the decision of the first Appellate Authority, (4) copy
of the Commission’s decision, and (5) any other documents which he/she considers to be necessary for deciding
the complaint. In the prayer, the Appellant/ Complainant may indicate, what information has not been provided.