Case: Dr. Rajendra Prasad Vs Railway Board. Central Information Commission

Party Name:Dr. Rajendra Prasad Vs Railway Board
Judges:O.P. Kejariwal, I.C.
Issue:Right to Information Act
Judgement Date:October 16, 2007
Court:Central Information Commission
 
FREE EXCERPT

Decision:

O.P. Kejariwal, I.C.

Background:

1. Shri Rajendra Prasad, Sr. DMO, Northern Railway, Health Unit, Delhi Sarai Rohilla, Delhi, filed an RTI-application with the Central Public Information Officer, Railway Board, on 6 February 2007, seeking photocopies of his ACRs for the period 1997-98 to 2006-2007. The Appellant also sought reasons for not considering him for promotion to the SA grade.

2. The APIO vide his letter dated 6 March 2007 asked the Appellant to submit Rs. 2/- towards the cost of photocopy charges. On 12 April 2007, the PIO supplied a copy of the information received from the Joint Secretary (Gaz), Railway Board wherein he denied the copies of the ACRs taking recourse to Section 8(1)(j) of the RTI-Act.

3. Dissatisfied with the response of the PIO, the Appellant filed an appeal with the first Appellate Authority on 10 May 2007 who vide his letter dated 29 May 2007 upheld the decision of the PIO. Thereafter, the Appellant approached the Central Information Commission with a second appeal on 13 July 2007.

4. The bench of Dr. O.P. Kejariwal, Information Commissioner, heard the matter on 10 October 2007.

5. Shri B.L. Meena, EDPG/PIO, Ms. B.K. Minz, Joint Secretary (G), Shri S. Ramakrishnan, US (A), Shri M.D. Pillai, Director (E) and Shri N. Vijaya Kumar, SO/E, represented the Respondents.

6. The Appellant, Dr. Rajendra Prasad, was present in person.

Decision:

7. The Commission heard both the sides and noted that the Appellant had basically asked for copies of ACRs because he felt that he had been denied the promotion that he deserved. The Appellant brought to the notice of the Commission a CAT judgment regarding his own case of promotion where the CAT inter alia observed:

(a) the Annual Confidential Reports for the each of the years 1984-85, 1985-86 and 1986-87 be reviewed afresh taking due note of the remarks of the Commissioner for Departmental Inquiries, by the Chief Medical Officer;

(b) The Selection Committee will thereafter assess the fitness of the Applicant for giving him...

To continue reading

REQUEST YOUR TRIAL