Can RTI reply be used as reference
I, Sri S.N.Chakraborty, working in Indian Railways over Eastern Railway at Sealdah Division, & my present designation is Office Superintendent. I was working under Sr. Divisional Personnel Officer, Eastern Railway, Sealdah Division at Divisional Railway Manager/ Sealdah's Office (E-18/TR Sec.). Suddenly, I have been transferred from my parent Cadre on lien on 25.6.2013 and this transfer was executed without my concern and option at Ranaghat Car shed under Electrical Department of Sealdah Division, Eastern Railway and the present running and completion of the said Car shed is still under question. At this organisation, I am working under Senior Section Engineer (In-Charge) / Traction Rolling Stock /Ranaghat/Eastern Railway's office. On 20.8.13, an Office Order was issued by Assistant Electrical Engineer of TRS Ranaghat Car shed Shri Subhankar Mandal, who is a gazetted officer and higher to the rank of Sr. SE (I/C)/TRS/Ranaghat but he don't have any office under his rank till date and he designate me as In charge of Pass Section under SSE (I/C)/TRS/Ranaghat offce for issuance of Pass under Railway Servant Pass rule, 1966, to the employees deployed at Ranaghat Car shed under SSE(I/C)/TRS/Ranaghat, with regard to this I am also complying his order.
on 09.12.2013 to get the reason of my transfer on lien, validity of my sanctioned post at Ranaghat car shed, my present Head Quarter/ Duty Station, I filed an application under the ambit of Right to Information Act, 2005, to the CPIO and after the lapses of 71 days it was replied by Sr. Divisional Personnel Officer, Sealdah Division, (CPIO) Eastern Railway & subsequently by Additional Divisional Railway Manager (T) & (FAA) /Sealdah Division, Eastern railway. the Information whichever furnished by CPIO and subsequently by Appellate Authority was completely irrelevant and misleading with tampering of document in the CPIO's letter, as furnished no recorded information related to my sudden transfer on lien and availability of my sanctioned post was also not available under the custody of concerned PIO. I have already sent a report regard to gross violation of RTI Act, 2005, to the Executive Director (Public Grievance) / Railway Board, New Delhi and copy of the letter has submitted to Ministry of Public Grievance (DoP&T) & Ministry of Law & Justice, Legislative Department, New Delhi for taking necessary action prior to my submission of appeal before Hon'ble Central Information Commission (CIC) and subsequently appropriate court of law to get justice.
While issuing passes to the employees deployed in Ranaghat Car shed suddenly one (01) retired person was appeared before me and and requesting me to issue his post retirement complementary free travel journey pass from Ranaghat Car shed and subsequently his pass account was transferred from the unit office where from he was retired without my concern. I never refuse to issue his pass from the said Car shed but also pointed out some problem which are already in existence at Ranaghat Car shed, as being a ministerial supervisor, I don't have any assistant, proper rule book and proper guidelines of senior persons designated higher than me. with regard to this the ex-employee reported the same under a letter to the Assistant Electrical Engineer of Ranaghat Car shed and the said Officer was made a noting over the letter of the ex-employee to seek my explanation regarding the compliant by designated me OS (Pass) within two (02) days and I also given my reply within the specified time limit by the reference given by CPIO & AA (they are the Officer of Sealdah Division & ranking higher than Assistant Electrical Engineer) and also wants some clarification from the concerned Officer regard to his seeking of the explanation. Right now being a RTI activist, I have victimized unlawfully and after my submission of explanation as seeked by A.E.E, presently Minor Penalty Charge sheet (Standard Form No. 11) under rule 3.1 (ii) of Railway Servant Service Conduct Rules, 1966, (designate me as OS /Pass & mentioned I have refused to issue Pass to that ex employee as per the order of the Assistant Electrical Engineer of Ranaghat Car Shed.) has framed in my favour by Senior Divisional Electrical Engineer (Traction Rolling Stock) of Sealdah Division, Eastern Railway & Disciplinary Authority namely Shri Vineet Gupta, IRSEE, (same to the rank of CPIO and lower from the rank of Appellate Authority) prior to issuance of any show cause notice & the information as seeked by me.
Lastly, I would like to know, whether any government officials are empowered to not accepting / dening to accept the reference as given by me as received under RTI Act, 2005 & whether I can able to file a writ petition at Calcutta High Court or I have to appear before CAT/Calcutta to get rid of this inconveniences.
My present head quarter/ Duty Station mention at Naihati, under the reply of CPIO & confirmed by AA and the AA dispose of my case, wherein, no unit/office of Ranaghat Car shed is existed and no office under Sr. Divisional Personnel Officer, Eastern railway, Sealdah Division is also existed. Naihati is under Kolkata metropolitan city area City Catg. X) and Ranaghat is classified as non City area City Catg. Z, therefore by unlawful means 20% of House Rent Allowance, 50% of Transportation Allowance till now being cut off form my every month's Salary. Being a very poor plight and today having no platform to address my grievances, anxiously awaiting and requesting you to give me necessary suggestion by which I shall be able to defend this and make a large statement against the unjustified and unlawful activities being adopted by the said Govt. officials by violating the Oath of Allegiance with the binding to the constitution of India. I have only 08 days left to submit my defense reply against the said Charge Sheet. I am on the verge of retirement by Dec, 2015 after completion of 40 years of dedicated and clean service. I am a critical Heart patient and undergone my by pass heart surgery in the year 2013 from Railway Hospital. (B.R.Singh at Sealdah). Present, I have been suffering with depression and mental agony, the Officers of Sealdah Division, Eastrn railway is tried to malign & victimized me with an attempt to fulfill their self gratification.
(S.N.Chakraborty), email id: email@example.com.
Asked 3 years ago in Labour from Naihati, West Bengal