के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/SERLK/A/2024/617242 Uttam Kumar Saha .….अपीलकता(cid:18)/Appellant VERSUS बनाम CPIO, Sr. Divisional Personnel Officer, S.E. Rly, DRM Building, Kharagpur – 721301 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 08.09.2025 Date of Decision : 16.09.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 11.01.2024 CPIO replied on : 09.02.2024 First appeal filed on : 01.03.2024 First Appellate Authority’s order : 09.04.2024 Compliance of FAA order : Not on record

2nd Appeal/Complaint dated : 24.04.2024 Information sought:

1. The Appellant filed an RTI application dated 11.01.2024 (online) seeking the following information:

“Please provide the following information under RTI Act. 2005.

01. Please provide the copy of SPO (Engg & HQ)/GRCs letter no. SER/P- HQ/Ruling/O/951 dated 05.05.2014 as it is unable to get from Railway Website.

02. Please provide the information about the establishment rule under this enacted also details of its authority (Designation, Address etc.)

03. Please give the information about the maximum time limit to keep a Railway employee under Waiting for posting under this rule.

04. Please provide the nos. of permanent Railway employees (under LIEN from other Railways) to keep waiting for posting over 06(six) months after issuing posting order in Kharagpur Division after enacting this rule.

05. Please provide the nos. of incidents to allow below rank staff before posting to upper rank staff from a same panel in Kharagpur Division.”

2. The CPIO furnished a point-wise reply to the Appellant on 09.02.2024 stating as under:

“Point No. 4 Nil Point No. 5 Nil”

3. Being dissatisfied, the Appellant filed a First Appeal dated 01.03.2024.

The FAA vide its order dated 09.04.2024, upheld the reply of CPIO.

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal in response to point No. 4 & 5 of RTI application on the following grounds:

“…As the matter was related to Kharagpur Division/South Eastern Railway, Sr. Divisional Personnel officer/Kharagpur as CPIO provided information vide letter No. SER/P-KGP/740/RTI/13077 dated 09.02.2024 as NIL for both cases.

I appealed for this with documentary evidences, ADRM/Kharagpur/South Eastern Railway as Appellate Authority provided information vide letter no. SERLY/A/E/24/00063/Online reply dated 09.04.2024, "So far this office record are available earlier reply given vide letter No. SER/P-KGP/740/RTI/13077 dated 09.02.2024 still stands good".

The documentary evidences have been provided to Appellate Authority as below:

Before joining this post at South Eastern Railway, myself was a permanent Railway Employee of Eastern Railway. I joined South Eastern Railway through TECHNICAL Resignation in LIEN as per extant rule (Annexure-I). Chief Personnel Officer/SER issued posting order vide his OFFICE ORDER NO: 7/Recruitment of 2015 dated 18.05.2015 to Kharagpur Division (Annexure-II). Divl. Railway Manager(P)/S.E.Railway/Kharagpur issued Posting Order vide No. SER/P- KGP/EC/136/5/1/15% DRQ/CA/07/2016 dated 04.02.2016 (Annexure-III) and they (Kharagpur Division) declared this period which is almost 09 months as waiting for posting. As per CPO/SER posting order (Annexure-II) my ranking was as per SL. No. 5 but SL. No. 8, 9, 10, 12 & 18 of the same panel were given posting vide Divl. Railway Manager(P)/SE Railway/Kharagpur's posting order No.SER/P-KGP/EC/136/5/1/15% DRQ/CA 67/2015 dated 12.08.2015 (Annexure-IV). For their kind information a copy of DPO/KGP's letter No.ESB/1/1/DCS dated 26.02.2016 to seek vetted service sheet & LPC from Sr.DPO/MLDT/ER which is required for a staff under Technical resignation/Lien and also received copy of DRM/MLDT/ER's letter in this regard by Ch.OS/Opts/Comml./Bill/SE Rly./Kharagpur (Annexure-V &VI) is attached.

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