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Decision No. CIC/SG/A/2009/002080/5161
Appeal No. CIC/SG/A/2009/002080
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Subhash Chandra Agrawal
1775, Kucha Lattushah
Dariba, Chandni Chowk
Delhi-110006.
Respondent : Mr.B.P.Singh
Dy. Secy (GAD) & CPIO
Govt. of N.C.T. of Delhi
2nd Level, A-Wing, Delhi Secretariat,
New Delhi-110002.
RTI application filed on : 27/06/2009 PIO replied : 03/07/2009 & 28/07/2009 First appeal filed on : 31/07/2009 First Appellate Authority order : 11/08/2009 Second Appeal filed on : 26/08/2009 Sr. Information sought PIO's reply No. PIO, Dy. Secretary (Admn.) had
transferred Appellant’s application to Dy.
Secy. (GAD)/PIO, General Administration
Deptt. Level-II, ‘A’ Wing, Delhi
Secretariat, New Delhi-110002 on date
03/07/2009. Dy. Secy (GAD) & PIO has
given reply to Appellant’s RTI application
vides letter dated 28/07/2009:
1 to 5
1. Is it true that decision has been taken to The Competent Authority has decided to
provide staff to each MLA of Delhi for enhance the facility regarding
operating laptops? reimbursement of Rs. 10,000/- per month
2. If yes, inform about to all the Members of Legislative
salary/pension/gratuity/bonus etc. for the Assemble, Delhi Vidhan Sabha
laptop operator. (irrespective of their being ministers etc.)
on account of expenditure met by them on
3. Will such staff be provided by following engagement of Data Entry Operator for
normal recruiting-rules of government? operating laptops given to them and as
4. If not, mode of recruiting lap-operators for Delhi Assembly Secretariat is looking
MLAs of Delhi after allowances and all other matters of
5. Similar details on some other staff, if MLAs, the scheme is to be implemented
available to MLAs in Delhi like in queries by the Delhi Legislative Assembly
(2) (3) and (4) above. Secretariat out of its budgetary allocation.
6. Complete and detailed report on 6 to 7
pay/perks/privileges/ facilities of any kind Doe not pertain to this department.
available for an MLA of Delhi.
7. Complete and detailed report on
pay/perks/privileges/facilities of any kind
available for Speaker and Dy. Speaker of
Delhi Assembly and Chief Minister and
other ministers of Delhi state separately.
8. Personal Staff entitled for Chief Minster, Enclosed as annexure- ‘A’.
Ministers, Speaker and Dy. Speaker
respectively.
9. Recruiting-mode, (a) For recruiting-mode your application
salary/pension/gratuity/bonus etc. of such has been transferred to services
personal staff. Department under intimation to you.
(b) Salary/pension/gratuity/bonus in
respect of staff appointed on regular basis
is being paid as per CCS (R.P.) Rules.
Officers/officials appointed on contractual
basis are being paid a consolidated
remuneration.
10. Are Parliamentarians from Delhi also As per records, this department has not
given some privilege/facility at cost of made any payment to Parliamentarians
Delhi exchequer? from Delhi.
11. If yes, provide details Nil 12. Any other related information Nil
13. File-notings on movement on this RTI Enclosed as annexure-‘B’.
petition.
Grounds for First Appeal:
Reply to query no. 1 to 5 has been combined and no clear reply has been given to query no. 3 to
5.
The First Appellate Authority order:
“I have gone through the list of the questions as transferred to PIO (GAD) by CPIO (DLA) and
also the information supplied by PIO (GAD) to the Appellant on point no. 1 to 5 and point 8 to
13. The Appellant has not appeared to attend the appeal and in the absence of anything to the
contrary, the argument given by PIO (GAD) on clubbing the reply to points 1 to 5 seems to be
justified as he is not having more information on providing laptop-operators/Data Entry
Operators to MLAs. The Appellant is, however, free to seek additional information, if any, from
CPIO (DLA).
In regard to queries on point no. 6 & 7 of the Appellant, as the same has not been transferred to
PIO (GAD), he was not supposed to reply on these tow queries of the Appellant. The Appellant
should have got reply to point 6 & 7 from CPIO (DLA).”
Grounds for Second Appeal:
The FAA’s order is wrong as no additional information has been sought. Response to query no.
3 to 5 has not been given.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Subhash Chandra Agrawal;
Respondent: Mr.B.P.Singh, Dy. Secy (GAD) & CPIO;
The PIO is directed to give the copy of the order by which the decision to given Rs.10000- to
each MLA has been taken. All the correspondence and file notings related to this order will be
given.
Decision:
The appeal is allowed.
The PIO will give the information described above to the Appellant before 30 October 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
15 October 2009
(In any correspondence on this decision, mentioned the complete decision number.)(AK)