Mrsher Singh v. Ministry Of Railways

Facts:

1. The appellant filed an RTI application on 2542012 seeking information pertaining to the entitlement of overtime for the drivers in the Railways. The appellant also wanted a copy of the order under which the overtime is given and how much expenditure is incurred on payment of overtime for the year 201112. The appellants first appeal is not on record. The FAA responded on 2962012 and provided the information to the appellant. The appellant filed a second appeal with the Commission on 2022013. Hearing:

2. Both parties were heard through videoconferencing.

3. The appellant referred to his RTI application of 2542012 and stated that in the RTI application he had sought information: (a) whether the overtime of the Railway drivers is governed under Railway Service Rules, 1961; and (b) whether the overtime of the Railways drivers is governed under Factory Act. The appellant stated that if the drivers come under Factory Act why cards are not punched by those who work in the workshop.

4. The respondent stated that in so far as the first question is concerned, the position is that any worker who is working in the factory will come under the Factory Act. In so far as second question is concerned about the punching of the cards, a practical line has to be taken. The respondent stated that the punch card has a limited scope, and its use corresponds more with the nature of work of a factory personnel whose coming in and going out is fairly regular.

5. The respondent stated that in so far as the driver is concerned, he keeps going in out quite randomly and the punch card is not designed for registering the in and out movements of the drivers. Decision:

6. The respondent is directed to provide a copy of the rules governing the calculation of overtime relevant to the drivers within 30 days of this order. Appeal is disposed of. Copy of this order be given free of cost to the parties. (Vijai Sharma) Information Commisioner Authenticated true copy: (V.K. Sharma) Designated Officer