Central Information Commission
*****
No.CIC/OK/A/2008/00566
Dated: 7 November 2008
Name of the Appellant : Shri Satya Narayan Sharma
C/o Plot No.187-A, Ist C Road,
Sardarpura, Jodhpur
Rajasthan
Name of the Public Authority : North-Western Railway, Jaipur
Background
Shri Satya Narayan Sharma of Jodhpur filed an RTI-application on 21.9.07
with the Public Information Officer, North-Western Railway, Jaipur seeking
information on two counts. The PIO vide his letter dated 18 October 2007
replied to his RTI application enclosing the reply received from the Nodal
Officer & SPO/Headquarters, Jaipur. The Applicant then filed an appeal with
the First Appellate Authority on 26 October 2007 and approached the CIC with a
Second Appeal on 31 March 2008, which was registered in the Commission on 12
May 2008.
2. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 7 November 2008.
3. Shri Rajeev Singh, PIO , Shri P.K. Mathur, APO & Deemed PIO and Shri
Mahesh Sharma, APIO, Headquarters represented the Respondents.
4. The Appellant, Shri S.N. Sharma, was present in person.
Decision:
5. The Commission heard both the sides in a case where the Appellant
wanted copies of circulars determining the transfer policies of different
categories of officials in the Railways, especially that of Gazetted staff, before
a period of 24 months of superannuation. According to the Appellant while the
Junior Scale officials are retained, Senior scale officials are transferred. To
both these queries the Respondents replied that there were no guidelines laid
down and that transfers of officials was decided by Senior officers as per the
administrative requirements. While this may be so, it has been generally
observed that unlimited discretion like this often leads to cases of corruption
and nepotism. It is, therefore, highly desirable that some criteria are laid down
to determine transfers of staff.
6. The Commission therefore would advise the authorities to have a look at
the issue and, to the extent possible, lay down the guidelines for transfer of
officials at different levels.
7. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri Satya Narayan Sharma, C/o Plot No.187 A, Ist C Road, Sardarpura,
Jodhpur.
2. The Public Information Officer, North Western Railway, Headquarter Office,
Hasanpura Road, Jaipur.
3. The Appellate Authority, North Western Railway, Headquarter Office,
Hasanpura Road, Jaipur.
4. Officer Incharge, NIC
5. Press E Group, CIC