Central Information Commission Judgements

Ms.Vandana Sharma vs Northern Railway, Muradabad on 22 May, 2009

Central Information Commission
Ms.Vandana Sharma vs Northern Railway, Muradabad on 22 May, 2009
               Central Information Commission
                                                          CIC/OK/A/08/01149-AD

                                                              Dated May 22, 2009

Name of the Applicant                  :   Ms.Vandana Sharma

Name of the Public Authority           :   Northern Railway, Muradabad

Background

1. The Applicant filed her RTI application dt.31.3.08 with the CPIO, NR, New
Delhi. She stated that she had applied for appointment on compassionate
grounds after her husband’s death which was turned down without assigning
any reasons. She wanted to know the reasons which led the authority to
reject her request for appointment on compassionate grounds and requested
that copy of the policy instructions relied upon by the competent authority be
furnished to her. The CPIO, NR, Muradabad replied on 6.5.08. Not satisfied
with the reply, the Applicant filed an appeal dt.19.5.08 with the Appellate
Authority. On not receiving any reply from the Appellate Authority, she filed
a second appeal dt.30.7.08 before the CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 22, 2009.

3. Mr. Prakash, Sr. DMM, Moradabad cum CPIO, Mr. Basant Lal, DPO and
Mr.Moher Singh, NIC represented the Public Authority.

4. The Applicant was not present during the hearing.

Decision

5. The Respondent stated that Mr. Rajendra Kumar Lakhanpal, Ex. Serviceman
(Retd. From Air Force) was selected for the post of Apprentice Diesel Assistant
against Ex. Serviceman Quota in Moradabad Division through Railway
Recruitment Board, Chandigarh. After passing requisite medical examination
and also training required for the said post, he was waiting for the final
posting order on regular post from 27.12.05 but unfortunately he expired on
31.12.05 as a Apprentice Diesel Assistant. The Respondent also submitted
that this case was referred to Northern Railway, HQ Office, Baroda House,
New Delhi twice along with complete details for decision vide letters of even
no. dated 10.1.2007 and 27.11.2007 but the competent authority regretted
his case since it was not covered under the Railway rules applicable for
Compassionate Ground Appointment and the Appellant was informed about
the decision taken by the competent authority vide letter dated 30.01.2008.
The Respondent also presented to the Commission the decision taken by the
General Manager (Personnel) who rejected the appeal made by the Appellant
on the ground that the case was not covered under the prescribed rules. In
the light of the Respondent’s submission, the Commission holds that all
available information has been provided to the Appellant and accordingly
disposes off the appeal.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Ms.Vandana Sharma
W/o Late Mr.Rajinder Kumar
176/4M, Model House
Jalandhar
Punjab

2. The CPIO
Northern Railway
Divisional Railway Manager’s Office
Moradabad Division
Moradabad

3. The Appellate Authority
Northern Railway
Divisional Railway Manager’s Office
Moradabad Division
Moradabad

4. Officer in charge, NIC

5. Press E Group, CIC