Monobir Banerjee v. Central Public Infor...

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o Railways, South East Central Railway, Nagpur seeking following information:—

“1. Ref:—(1) Chapter XIII of ACS No. 77 of IREM VOL. I.

(2) My application dated 03.03.2010 addressed to ADRM/NGP.

(3) Sr. DPO's Office Order No P/NGF/OS(P)/MD/2010/01 Nagpur dated 29.01.2010.

The undersigned is required to get information related with Medically De-categorization and hence requested to furnish the following items:—

(a) The details Remarks/Procedures had been adopted by the then Sr. DEE (OP)/NGP as per para no. 1306 of Chapter XIII of ACS No. 77 of IREM VOL.1 for offering the alternative appointment to the undersigned. The document should be attested by Gazetted Officer.

(b) The details Remarks/Procedures had been adopted by the then ADRM/NGP in reference to my application of dated 03.03.2010 addressed to ADRM/NGP. The document should be attested by Gazetted officer.

(c) The all posting orders issued by personnel deptt. of Nagpur Division regarding alternative appointment (including modified/partial modified) from 01.01.2009 to till date of medically & categorized loco running staff whose Grade pay has been upgraded i.e. from Rs. 2400 to Rs. 4200 and from Rs. 4200 to Rs. 4600 with supporting rule.

(d) How many staff are there whose payment has not been stopped but their initial alternative appointment had/has been modified partially modified. Supply such posting orders (including modified/partially modified) from 01.01.2009 to till date.

(e) How many staff are there whose payment has been stopped after their modification/partially modification of initial alternative appointment. Supply such posting orders (including modified/partially modified) from 01.01.2009 to till date.

(f) From which date the payment of the undersigned has been stopped in reference to Office Order No. P/NGP/OS(P)/MD/2010/01 Nagpur Date-29.01.2010

(g) In seniority list of Aug 2011 of Electrical (General) it is found that the employee who has been de-categorized from Loco Pilot (Goods) and who has been de-categorized from Sr. ALP is kept in the same status (i.e. Hd. Clerk), only Srl. no. changed one in Srl. no. 2 another in Srl. no. 19. Please supply the supporting rule by which it had been done.

(h) The latest seniority list of electrical general published by personnel deptt. of Nagpur division.”

2. The CPIO responded on 18-01-2017. Not satisfied with the CPIO's reply, the appellant filed the first appeal dated 26-02-2017 which was disposed of by the first appellate authority on 31-03-2017. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct the CPIO to provide the sought for information.

Hearing:

3. The appellant, Mr. Monobir Banerjee attended the hearing through video conferencing. Mr. B.V. Pathak, DPO participated in the hearing representing the respondent through video conferencing.

4. The appellant stated that he should be permitted to inspect the relevant records and also be allowed take their photo-copies, after redacting the third party information, if any. Further, he stated that the information on point no. (f) i.e. the date from which his payment was stopped, should also be communicated to him.

5. The respondent agreed to provide the information to the appellant as per para 4 above, within a period of 15 days from the date of receipt of this order.

DECISION

6. This Commission directs the respondent to take action as agreed to in para 5 above, within a period of 15 days from the date of receipt of this order.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.