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Decision No. CIC/SG/A/2009/001568/4436
Appeal No. CIC/SG/A/2009/001568
Relevant facts emerging from the Appeal:
Appellant : Sh. Ashok Kumar,
D-35, Panchal Vihar,
Karawal Nagar,
Delhi-110094
Respondent : Asst. Registrar & PIO
University of Delhi
Delhi-110007
RTI application filed on : 25/03/2009
PIO replied : 18/04/2008
First Appeal filed on : 08/05/2009
First Appellate Authority order : 08/06/2009
Second Appeal filed on : 24/06/2008
Information sought:
Sr. No. Information Sought Reply of PIO
1. Can Delhi University’s Dy. This is not a request for information as
Registrar (Legal) render legal advice defined under Section 2 (f) of the Act.
in any case? If yes then under what
rules he is liable to give advice?
2. After Delhi University’s regulation This is not a request for information as
regarding promotion of the defined under Section 2 (f) of the Act.
employees working in the
administrative department of the
colleges. Is it mandatory to give
promotion to any employee only if
he/ she have completed 5 years of
his service? If any college is
breaking the regulation regarding the
promotion of its employees and is
giving promotion to any of its
employee after the completion of 2
years of his/her service and
promoting that person to the post of
G.O. then what action University
will take on that employee?
3. What action can be taken against the This is not a request for information as
Chairman of the college if the defined under Section 2 (f) of the Act.
governing body of the college is not
taking right decisions?
4. Is it possible that any newly This is not a request for information as
employed person can join his/ her defined under Section 2 (f) of the Act.
duty before undergoing medical
check up? If yes then under what
rule?
5. Are Delhi University’s employees or A copy of the Section (3) of the Act is
employees of the colleges’ coming enclosed.
under the University permitted to get
information from their department
by filling RTI? If no then under
what rule they are prohibited to do
so? Please clarify Section 3 of the
RTI Act 2005.
6. Please clarify the rule 70 of the Rule 70 of the University Non
University non-teaching employees Teaching Employee ( Terms and
(terms and conditions of service) Conditions of Services) Rules 1971
rules 1971. Please clarify it and send related to “Procedure for imposing
a copy of that rule. major Penalties” ( Copy is enclosed)
Grounds for First Appeal:
Information sought couldn’t be received
Order of the First Appellate Authority:
FAA stated that “After considering the appeal, it does not appear necessary to interfere
with the decision of the PIO”.
Grounds for Second Appeal:
Complete information not provided by the PIO.
Relevant facts emerging during hearing:
The following were present.
Appellant: Mr. Suresh Kumar, representative of the Appellant
Respondent: Mr. Deepak Vats, PIO, DU
The PIO is directed to give specific answers to Query 1 and 4 to the Appellant since this
is information as defined under Section 2(f) of the RTI Act.
Decision:
The Appeal is allowed.
The information prescribed above will be given to the Appellant before 25 August 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
13.08.2009
(In any case correspondence on this decision, mention the complete decision number.)
(D.A.)