CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/000468/LS
Appellant : Shri Vimal Kumar Dixit
Public Authority : MES, Chief Engineer, Lucknow Zone
(through Sub Maj Mohd. Nazir)
Date of Hearing : 16.10.2009
Date of Decision : 16.10.2009
FACTS
:
The matter, in short, is that the appellant’s father was an employee of
MES and he died in harness on 26.9.1988. The appellant had applied for a
suitable job on compassionate grounds. The matter remained pending with the
O/o Chief Engineer, Lucknow Zone as also with the Ministry of Defence.
Eventually, vide letter dated 1.4.2002, the appellant was informed by the Chief
Engineer’s office that he cold not be given employment on compassionate
grounds due to non-availability of sufficient vacancy out of 5 per cent quota. It is
in this background tha the appellant had filed the RTI application dated 1.9.2008
seeking information on 03 paras.
2. The CPIO had responded to him vide letter 26.9.2008 stating therein that
his case was considered by the competent authority as per rules and DOPT
guidelines and a speaking order dated 1.4.2002 was passed in this regard. The
Appellate Authority had disposed of first appeal vide letter dated 5.1.2009.
3. Hence, the present appeal.
4. Heard on 16.10.2009. Appellant present along with Shri R.P. Sharma.
The public authority is represented by the officer named above. The main
submissions of the appellant are as follows :-
(i) that vide letter dated 29.6.1999, the appellant was informed that his case
had been referred to the Ministry of Defence for obtaining the orders and
the outcome thereof was likely to be received within one month. It is,
therefore, surprising that the decision of the MOD has not been
communicated to him till date and the Chief Engineer’s office appears to
have unauthorisely rejected his case;
(ii) that the Chief Engineer’s office had informed him vide letter dated
11.5.2001 that his case stood at serial number 84 but he could not be
given employment as he was not in BPL category; &
(iii) that the appellant case has been unfairly dealt with and it needs to be
reconsidered at appropriate level in the MoD or in CEs office.
4. On the other hand, Sub. Maj. Mohd Nazir would submit that as per
Government policy guidelines, no case for compassionate appointment can be
considered if it is pending for more than 03 years. He would alo submit that vide
letter dated 22.11.2005, the Ministry of Defence had directed all the Army
Commands to consider pending cases at appropriate level and take appropriate
decision. Therefore, to say that CE’s office decided the matter unauthorisedly is
not correct.
5. To this, the appellant would respond that the Hon’ble Allahabad High
Court has declared the time limit for 03 years for providing employment on
compassionate grounds as unconstitutional in recent a judgement, the summary of
which was published in the ‘Danik Jagran’ of 1.5.2009. He, therefore, would
submit that 03 years time limit is of no consequence now.
DECISION
6. It is not clear to us whether the matter in hand was referred to the Ministry
of Defence at all or it was simply referred to the higher formations in the Indian
Army. If the matter was referred to the Ministry of Defence, then it could not
have been decided without the directions/guidelines of the Ministry of Defence.
Notwithstanding the above, the Chief Engineer’s office decided the matter.
Hence, in the facts and circumstances of the case, in our opinion, it would be fit
and proper to direct the Chief Engineer, Lucknow Zone, Lucknow, to revisit the
matter and take an appropriate decision, after affording an opportunity of hearing
to the appellant.
7. The order of the Commission may be complied with in 08 weeks time.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges, prescribed under the Act, to the
CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Col Dinesh Dikshit
ACE (Wks) (CPIO),
HQ Chief Engineer
Lucknow Zone, 17,
Cariappa Road, PO Dilkusha,
Lucknow-226002
2. Shri Vimal Kumar Dixit
H.No. 51/11/19/5-B,
West Arjun Nagar, Agra-282008