Central Information Commission
CIC/OP/C/2009/000051-AD
Dated January 11, 2010
Name of the Applicant : Shri Pramodkumar Bhagat
Name of the Public Authority : Western Railway, Vadodara
Background
1. The Applicant filed an RTI application dt.nil with the PIO, WR, Vadodara seeking
information regarding his seniority as also copies of his CRs and also requesting the
PIO to promote him on the basis of his present CR i.e. 2007-2008. The CPIO in
response to the first appeal dt.20.8.08 replied on 2.9.08 stating that the schedule for
CRs for the respective year is completion upto 30th June as per GM (E) CCG’s
Confidential letter dt.15.6.1989. As such in the concerned selection CRs for the year
2005, 2006 and 2007 have been correctly considered. Not satisfied with the reply, the
Applicant filed a complaint dt.10.1.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for January 11, 2010.
3. Ms.Lily Pandeya, PIO & Sr.DPO and Shri Vishal Saxena, Commercial Clerk represented
the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The Appellant submitted that he had appeared in the exam for the post of Section
Engineer and that even after passing the exam he has not been included in the panel.
He was informed in response to an earlier RTI application that he had not been
promoted since he has not obtained 60 percent marks whereas the list of candidates
along with marks, furnished by the same PIO showed that he has obtained 62 percent
marks. The PIO Ms.Lily Pandeya submitted that 62 marks were obtained by the
Appellant in the written examination and 60 percent and the aggregate marks which
he obtained were less than 60 percent. The aggregate marks include marks given for
different parameters including written exam, ACRs, seniority etc. She further stated
that the written exam was held on 15.3.08 and the panel was declared on 13.6.08 and
as per the letter dt.15.6.89 by WR, HQ, Mumbai, the schedule for CRs for the
respective year ending is to be completed upto 30th June which was also reiterated in
letter dt.27.1.09 written by Chief Personnel Officer, WR, HQ, Mumbai and therefore
CRs for the period 2005, 2006 and 2007 have been considered and not 2008 as the
same was incomplete. The applicant, on the other hand produced before the
Commission a letter dt.22.8.01 from the Railway Board addressed to the General
Managers(P) of all Indian Railways and Production units that CRs for each reporting
year shall be written ordinarily within one month of the close of the said year i.e. by
30th April. He also produced before the Commission another letter dt.25.6.02 written
by GM(E), WR, HQ, Mumbai to all DRMS/CWMs according to which adverse CRs would
not be submitted for adjudging suitability for further promotion unless finalized and a
vacancy may be kept for the senior candidate whose ACRs have not been
finalized/accepted by the Competent Authority. According to him, his ACR for the
period 2007-2008 ought to have been considered as per the letter dated 25.6.02 while
keeping the vacancy for him. The Appellant complained that he had not received the
schedule for preparation of CRs to which Ms.Lily Pandeya submitted that the same was
not sought by the Appellant. A copy of the schedule was handed over to the Appellant
during the hearing. She also informed the Commission that Appellant had approached
the CAT in this regard.
6. After hearing the submissions made, the Commission noted that the issue is related to
which of the two directives, the one given by GM (E) CCG’s letter dated 15.6.1989 or
in the letter dated 25.6.02 written by GM (E) Western Railway HQ, Mumbai, and
accordingly directs the PIO to enquire into this matter under Section 18(2) of the RTI
Act and furnish the information to the Appellant by 10 February, 2010, under
intimation to the Commission.
7. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Pramodkumar Bhagat
JE(I) P.Way
C/o Sr.Section Engineer
(P.Way)
Nadiad
2. The PIO
Western Railway
Divisional Railway Manager’s Office
Vadodara Division
Vadodara
3. Officer incharge, NIC
4. Press E Group, CIC