Central Information Commission
*****
No.CIC/OK/A/2008/00590
Dated: 23 October 2008
Name of the Appellant : Shri Haridyay Narayan
Store Man
O/o Sr. Section Rail Track Controller
North Central Railway
Chunaar, Post – Chunaar, Mirzapur
Name of the Public Authority : North Central Railway
Background:
Shri Haridyay Narayan of Mirzapur filed an RTI-application with the Public
Information Officer, North Central Railway, on 31 October 2007, seeking
information relating to his promotion against the Assured Career Progression
Scheme.
2. The PIO vide his letter dated 10 December 2007 replied to the RTI-
application. Not satisfied with the reply of the PIO, the Appellant filed an
appeal with the first Appellate Authority on 5 January 2008 who vide his letter
dated 4 February 2008 replied to it. Thereafter, the Appellant approached the
Central Information Commission with a Second Appeal on 20 March 2008, which
was registered in the Commission on 14 May 2008.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 20 October 2008.
4. Shri Mudit Chandra, Sr. DCM & PIO and Shri Dinesh Tripathi, Sr. Divisional
Engineer-I, represented the Respondents.
5. The Appellant, Shri Hriday Narayan, was present alongwith Shri Anup
Kumar Pandey.
Decision:
6. The Commission heard both the sides in a case which related to the
promotion of the Appellant against the ACP scheme. According to the
Respondents, the policy regarding promotions had not been determined and
hence the promotion of the Appellant was delayed. On the other hand,
according to the Appellant, at the time when the promotion to the Appellant
was delayed, 27 of his other colleagues in the same grade had been given their
promotions. During the hearing, the Respondents admitted to the fact that the
Orders regarding the 27 members of staff relating to their ACP promotions was
wrong and that subsequently they had taken corrective measures by cancelling
these orders. The Commission would have appreciated if this reply had been
given to the Appellant. Instead the reply that the Appellant received was that
the ACP promotion was not being given, as the policy regarding the matter had
not been laid down, and that as soon as it was finalized he would be considered
for the same. During the hearing, the Appellant insisted that he had not
received a point-wise reply to the RTI-application that he had filed on 31
October 2007. According to the Respondents, they had taken care of all these
points by laying down the facts that the policy regarding the matter of ACP
promotion had not been settled. However, through a letter of 16 October 2008,
they had provided a point-wise answer to the Appellant who had not received
this letter as yet. This is understandable as the letter was sent only four days
back. The Commission directs the Appellant to go through the reply of the
Respondents and in case he detects any lacunae to write back to the
Respondents who will get 20 working days to provide any further clarification
that the Appellant may require. The case will however, be treated as finally
closed in case there is no communication from the Appellant by 14 November
2008.
7. The case is thus disposed of.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri Haridyay Narayan, Store Man, O/o Sr. Section Rail Track Controller
North Central Railway, Chunaar, Post – Chunaar, Mirzapur
2. The Public Information Officer, North Central Railway, Divisional Railway
Manager’s Office, Nawab Yusuf Road, Civil Lines, Allahabad
3. The Appellate Authority, North Central Railway, Divisional Railway
Manager’s Office, Nawab Yusuf Road, Civil Lines, Allahabad
4. Officer Incharge, NIC
5. Press E Group, CIC