Rules under which test is being conducted for an employee for promotion
The appellant filed an application under the Right to Information (RTI) Act with the Central Railway DRM office and wanted to know the Rule under which an employee who has passed suitability test for Senior Clerk is called for the test again after being transferred on her own request. The Public Information Officer (PIO) replied to the applicant that her queries do not qualify to be information as defined in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
During the hearing before the Central Information Commission (CIC), the respondents informed that they have provided the relevant rule to the appellant under which she is required to appear in the exam once again after being transferred on her request. The respondents explained that in Nagpur Division, the appellant had to join at the same level at which she was working in the earlier Division. In order to be promoted as senior clerk in Nagpur Division, she has to appear for the suitability test once again. They also mentioned that they have sought clarification from their Headquarters office in this regard.
View of CIC
The Commission noted that the appellant had some grievance against the public authority which is purely administrative in nature and as such the same could not be settled under the RTI Act. The Commission however directed the PIO to send a reminder to the Headquarters and obtain the clarification from them in the appellant’s case and furnish the said clarification to the appellant.
Citation: Ms. Sanghmitra Shinde v. Central Railway DRM office in File No. CIC/AD/C/2012/001543
RTI Citation : RTIFI/2013/CIC/930
Click here to view original RTI order of Court / Information Commission