Central Information Commission
CIC/AD/A/X/09/00132
Dated February 27, 2009
Name of the Applicant : Mr.A.K.Bhatnagar
Name of the Public Authority : DGHS, New Delhi
Background
1. The Applicant filed a RTI application dt.12.4.08 with the CPIO, DGHS, New
Delhi. He requested for the following information:
i) Administrative reasons by which it was assumed that the holder of
second post of Physiotherapist under CGHS, Delhi was similar placed person
as claimed in the letter F.No.C-13014/04/2002-CGHS-I dt.16.8.07
ii) How is it administratively feasible that the lower scale of 8000-13500
was accorded on 12.6.03 as mentioned in file No.A.32022/1/2000-CGHS-I in
Para 5(b) (112/N) at a later date and a higher scale of pay of 10000-15200
was granted on an earlier date i.e. 19.7.02 vide letter F.No.C-
13014/04/2002-CGHS-I dt.16.8.07
iii) Since the posts of Physiotherapist under CGHS, Delhi are Group ‘A’
posts, what will be the status i.e. Gazetted or non-gazetted in the light of
ruling of M/o Finance to grant the ACP with effect from the date of joining
Govt. in a particular case, where the applicant was holding a non gazetted
post at Safdarjung Hospital, New Delhi
iv) Why the clarification 4 to 6 was relaxed as notified by DoPT vide their
OM F.No.35034/1/97-Estt(D) (Vol.IV) dt.10.2.2000 to suit the particular case
v) How and why part clarification No.14 of OM F.No.35034/1/97-Estt(D)
(Vol.IV) dt.10.2.2000 was made applicable to suit a particular case, whereas
it deals with clarification on some other point of observation
vi) Is it a fact that the entry grade of Physiotherapist post under CGHS,
Delhi are in higher pay scale over the entry grade of post of Physiotherapist
under Safdarjung/Dr.RML/Kalawati Children Hospitals, if so what are the entry
grade pay scales at these places as per existing recruitment rules
respectively.
The CPIO replied on15.5.08 stating that information asked by the applicant
from time to time has already been supplied. Now he has raised various
queries about the action taken in the matter and added that RTI Act does not
confer a right upon the applicant to interrogate the respondents for the
actions taken in the matter. The applicant filed an appeal dt.27.5.08 with the
Appellate Authority. In his appeal he stated that his letters dt.26.5.07 and
6.6.07 seeking certain information under RTI Act were redirected by DoPT to
M/o Health & Family Welfare vide letter dt.25.6.07. The Director,
Administration, vide letter dt.16.8.07, provided him some information. But,
according to the applicant, that letter did not give the required information
w.r.t 1st ACP, pay scale attached to it and date of implementation of 1st ACP.
Further, the letter failed to provide information on under which clause of ACP
scheme, this was provided. As per the letter dt.16.8.07 and after completing
the necessary formalities, the applicant was given 5 pages of notings vide
letter dt.27.11.07. He submitted another letter dt.22.1.08 which was not
accepted and he was asked to apply a fresh application under the RTI Act,
2005 vide letter dt.25.2.08. Accordingly, he filed another RTI application
dt.12.4.08 which was not accepted. Vide letter dt.15.5.08, the applicant
reiterated his request for information w.r.t his RTI application dt.12.4.08.
The Appellate Authority replied on 20.10.08. Not satisfied with the reply, the
applicant filed an appeal dt.26.12.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for February 27, 2009.
3. The Public Authority was not present at the hearing.
4. The Applicant was present during the hearing.
Decision
5. The CPIO is directed to provide all the available information to the Appellant
within 15 days of the receipt of this Order.
4. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.A.K.Bhatnagar
G-16, Hauz Khas Enclave
New Delhi 110 016
2. The CPIO
Directorate General of Health Services
Nirman Bhavan
New Delhi
3. The Appellate Authority
Directorate General of Health Services
Nirman Bhavan
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC