Central Information Commission
CIC/OP/A/2009/000244-AD
Dated December 17, 2009
Name of the Applicant : Ms.Rashmi Sinha
Name of the Public Authority : Eastern Railway, Munger
Background
1. The Applicant filed an RTI application dt.30.6.08 with the PIO, CWMC, Chief Workshop
Manager, E.Rly, Workshop, Jamalpur (Munger) seeking photocopies with file notings
with reference to compassionate appointment of the ward of Smt.Sudha Sinha, W/o
late Rajendra Pal Sinha, Ex. O.S. DCOS.E.Rly, Jamalpur. The PIO replied on 25.7.08
enclosing the reply received from Dy. Chief Stores Manager. In response to an appeal
dt.23.8.08 filed by the Applicant, the Chief Works Manager & Appellate Authority
replied on 25.10.08 providing further clarification. Being aggrieved with the reply, the
Applicant filed a second appeal dt.15.1.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 17, 2009.
3. Shri Nitin Mehrotra, PIO and Shri Y.N.Manna, APIO represented the Public Authority.
4. The Appellant was present along with her representative Shri Krishna Mohan Sinha,
Advocate.
Decision
5. Shri Krishna Mohan submitted that the Appellant is seeking information with regard to
rejection of her candidature for compassionate appointment. He submitted that even
though there was no provision for examination with regard to compassionate
appointment, the applicant was asked to appear and she had scored 72% marks and
even then she had been denied appointment . He also submitted that after her case
was rejected, she appealed in CAT, Patna Bench who vide their order dt.3.4.03
directed the Respondents to hear the case afresh and to issue a speaking order. He
alleged that the Respondents instead of conducting any fresh inquiries simply repeated
the earlier order which was already set aside by CAT, Patna. Whle giving some
explanation which was vague thus going against the orders of CAT. He further
submitted that as per rules compassionate appointment should be made as quickly as
possible and in this case, the Applicant who was unmarried at the time of her father’s
death was made to wait for 4 years.
6 The Respondent, Shri Nitin Mehrotra clarified that in the case of Group C category
posts, examinations are conducted before giving appointment. He submitted that the
Appellant’s application for compassionate appointment was forwarded to Chief
Personnel Officer in March 1999 who replied in April 2000 stating that there is no merit
in the application, for compassionate appointment. Subsequently, in compliance with
the order of Hon’ble CAT, Patna Bench, the Chief Personnel Officer issued a speaking
order dt.4.7.03 once again rejecting the case.
7. The Commission after hearing the submissions made by both parties, directs the PIO
to allow inspection of all files related to the information sought by the Appellant and
her representation at 11.00 am on 29.12.09 to enable the Appellant find reasons for
not considering her for appointment despite her getting 72% marks and to provide
certified copies of documents sought by the Appellant, free of cost. The Respondent
to confirm in writing to the Appellant about the non availability of information in the
event the required information is not available on record.
8. Since there is no fee payable at the appeal stage the IPOs 44C 109109 and 44C
109110 submitted by the applicant were returned to her at the time of hearing.
9. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms.Rashmi Sinha
C/o Shri Navin Kumar Sinha
Mohalla – Shastri Nagar
Road No.4
Thana – Kaasim Bazar
Post + District – Munger
Bihar 811 201
2. The PIO
Eastern Railway
O/o Chief Workshop Manager
Workshop Jamalpur (Munger)
Bihar
3. The Appellate Authority
Eastern Railway
O/o Chief Workshop Manager
Workshop Jamalpur (Munger)
Bihar
4. Officer incharge, NIC
5. Press E Group, CIC