CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/003165/10632
Appeal No. CIC/SG/A/2010/003165
Relevant Facts
emerging from the Appeal:
Appellant : Mrs. Pushpa Rani,
M & CW Centre (MCD),
Guru Ram Dass Nagar,
Delhi - 110092
Respondent : Dr. Shshma Goel
Public Information Officer & Dy. DHA (Family Welfare)
Health Department (M & CW),
Municipal Corporation of Delhi,
Shyama Prasad Mukherjee Civil Center,
18th Floor, Minto Road,
Delhi-6
RTI application filed on : 06/07/2010
PIO replied : 29/07/2010
First appeal filed on : 24/08/2010
First Appellate Authority order : Not Ordered
Second Appeal received on : 11/11/2010
Information Sought:
The appellant sought information regarding retention of few people who are newly promoted LHV. The
queries are:
1. To provide with the certified copies of the application and its enclosures regarding the retention of
Mrs. Suman Kaataria, containing the grounds, proposal and approval of competent authority. Also
mentioning the relevant & specific clauses of Transfer Policy of Health Department.
2. To provide with the certified copies of the application and its enclosures regarding the retention of
other newly promoted LHV, who have been retained at the same place, containing the grounds,
proposal and approval of competent authority. Also mentioning the relevant & specific clauses of
Transfer Policy of Health Department.
3. To provide with the certified copies of the application and its enclosures regarding the retention of
other newly promoted LHV, who have been allowed to continue at the same place, containing the
grounds, proposal and approval of competent authority for their retention at the same place on
diverted capacity. Also mentioning the relevant & specific clauses of Transfer Policy of Health
Department according to which the posting on diversion has been permitted.
4. To furnish with all the certified copies of the official orders issued after 31.05.2010 with respect of
newly promoted LHV who have been posted back to their respective places. Also, provide with
applications and its enclosures along with the grounds, proposal and approval of the competent
authority.
Reply of PIO:
The CPIO replied as:
1. Reply may be obtained from the office of AO (health).
2. No LHV was promoted from the post of ANM vide Officer to retain their previous place of
working and no such orders are being issued by office of Addl. DHA (M & CW) in this regard.
3. no LHV who was promoted from the post of ANM is allowed or diverted to continue at their
previous post of working.
4. No LHV was posted back at their previous working place by O/o Addl. DHA (M & CW).
AO(Health) provided the information on query-01 to the Appellant on 04/08/2010.
First Appeal:
Incorrect and misleading information given by PIO.
Order of the FAA:
No Order given by FAA.
Ground of the Second Appeal:
No order is passed by FAA and incorrect and misleading information given by PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mrs. Pushpa Rani on audio conference through her mobile no. 9810964795;
Respondent : Dr. Shshma Goel, Public Information Officer & Dy. DHA (Family Welfare);
The Commission contacted the Appellant on phone but she was no inclined to speak on the phone
and was asking some other male member to speak on the phone. The Commission could not accept an
unauthorized person speaking on phone claiming to be speaking on behalf of the Appellant.
The PIO shows that the information was provided by AO(Health) on 04/08/2010. The Appellant has
claimed that she believes the information provided on query-02 & 03 is false. However, she has submitted
for this but states that and examination of the record would show that the information against query 02 &
03 is false. If the Appellant wishes to she may inspect the relevant records in the office of the PIO on 05
January 2011 or on 12 January 2011 from 10.30AM onwards.
Decision:
The Appeal is disposed.
The PIO is directed to facilitate an inspection of the records on 05 January 2011 or
12 January 2011 from 10.30AM onwards if the Appellant or an unauthorized
representative wishes to inspect the relevant records. The PIO will provide attested
photocopies of records which the Appellant free of cost upto 100 pages.
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
24 December 2010
(In any correspondence on this decision, mention the complete decision number.) (PBR)