Information about the rules regarding issuance of fitness certificate when a person was mentally sick, enquiry rules, office order for termination etc. were sought - PIO: available information provided already - CIC: enable inspection of relevant files
1. The appellant filed an application dated 27.04.2012 under the RTI Act seeking information about the rules regarding the issuance of fitness certificate when the person was mentally sick, rules to appear for an enquiry, copy of office order from termination from service, copy of leave account etc. CPIO responded on 28.09.2012. Appellant filed appeal with the first appellate authority (FAA) on 05.08.2012. Copy of FAA’s order is not enclosed. Appellant filed this present second appeal on 12.11.2012.
2. Appellant referred to his RTI application and stated that he was seeking information about the rules regarding the issuance of fitness certificate when the person was mentally sick, rules to appear for an enquiry, copy of office order from termination from service, copy of leave account etc.
3. Appellant stated that he was suffering from a mental illness. Appellant stated that a certificate was issued by the medical authority stating that he was medically fit. Appellant stated that the respondent organisation had dismissed him from service without considering the provisions under Indian Railway Manual.
4. Appellant stated that in this light he sought the following information:
(a) can a certificate given by a private medical practitioner be ignored by the medical authority; if yes under which rule;
(b) on what basis the appellant was asked to appear for an enquiry when he was mentally unfit;
(c) action taken on a representation submitted by the appellant’s wife;
(d) basis of termination of the appellant from service; and
(e) other queries mentioned in the RTI application.
5. Respondent stated that the appellant was a constable in RPF of Railways. Respondent stated that when the appellant claimed that he was mentally unfit, the appellant was examined by the competent medical authority on two occasions and found that the appellant was mentally sound and fit. Respondent stated that based on that examination the appellant was declared mentally fit and issued a certificate, and also was asked to resume duty.
6. Respondent stated that when the appellant did not resume his duty he was asked to appear for an enquiry by the authority. Respondent stated that disciplinary action was taken against the appellant and he was terminated from service.
7. Respondent stated that the appellant went to the court to get his services reinstated but his petition was dismissed by the court. Respondent stated that after the dismissal of the case the appellant had been using the RTI route for reinstatement.
8. Respondent stated that the available information had already been provided to the appellant.
9. Respondent is directed to enable the appellant, within 30 days of this order, to inspect the relevant files and provide photocopies. The appeal is disposed of. Copy of decision be given free of cost to the parties.
Citation: Shri Swapan Kumar Das v. RPF S.E. Railway in Decision No. CIC/AD/A/2012/003703/VS/06427