CENTRAL INFORMATION COMMISSION
Appeal No.2947/ICPB/2008
F. No. PBA/2008/00706
October 22, 2008
In the matter of Right to Information Act, 2005 - Section 19
[Hearing on 13.10.2008 at 1.00 p.m.]
Appellant: Mr. G.S. Aurora
Public authority: Ministry of Statistics & Programme Implementation
Mr. A.K. Shukla, Director & CPIO
Mr. P.K. Ray, DG & Appellate Authority
Parties Present: For Respondent:
Mr. A.K. Shukla, Director
Mr. B.S. Chhabra, Director (Cood)
For Appellant:
Ms. Hepleem Cour
FACTS
:
The appellant has sought information under RTI Act by his letter dated
26.12.2007 addressed to CPIO, Ministry of Statistics & Programme
Implementation, New Delhi regarding details of leave availed by Mrs.
Manchanda, who was working in the Ministry. The CPIO vide his reply dated
22.01.2008 has enclosed certain information. Not satisfied with this reply he has
preferred first appeal before the first AA on 18.2.2008 and the First AA has
disposed of this appeal by his decision dated 8.4.2008. Aggrieved with this
disposal also the appellant preferred this appeal before the Commission on
21.4.2008. Comments were called for from public authority vide letter dated
15.7.2008 and has been received on 31.7.2008. The appellant has also filed his
rejoinder vide letters dated 29.7.2008 and 4.8.2008. This case was taken up for
hearing on 13.10.2008, which was attended by the concerned officials of the
Ministry. The appellant was represented by his daughter.
DECISION:
2. I have gone through the RTI application and other replies received in this
connection.
During the hearing the appellant’s daughter and representative has stated
that the appellant, i.e. her father had died and she is willing to pursue the case.
The main point at issue is that the appellant has been asking for the details of
leave applied by one Mrs. Manchanda and alleging that she has filed many
cases against the appellant and has been attending those cases without taking
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proper leave from the office. The representatives of the public authority during
the hearing have pointed out that whatever particulars are available in the service
book have already been given to the appellant. It was pointed out that the
details of leave taken by the public servant has to be disclosed, however, the
purpose for which the leave was taken need not be given because it is exempted
under section 8(1)(j) of the RTI Act. It was also pointed out that if the appellant
is in possession of any records showing that Smt. Manchanda has attended court
as well attended the office, the CPIO can check-up the records and tell whether
she was in office on those dates or not. It is learnt during the hearing that Smt.
Manchanda has now been transferred from the Ministry of Statistics and
Programme Implementation to Ministry of Home Affairs. The CPIO has been
directed to give reply in specific terms if in case the appellant’s daughter tells in a
specific manner the days on which Smt. Manchanda was present in the court and
the CPIO will indicate whether she has taken prior permission or not within 15
days from the date of receipt of request from the appellant. For this purpose,
CPIO will obtain the Service Book of the individual from the Home Ministry if
need be.
Let a copy of this decision be sent to the appellant’s daughter who
attended the hearing and the CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. A.K. Shukla, Director & CPIO, Ministry of Statistics & Programme
Implementation, Sardar Patel Bhawan, Parliament Street, New Delhi-
110001
2. Mr. P.K. Ray, DG & Appellate Authority, Ministry of Statistics & Programme
Implementation, Sardar Patel Bhawan, Parliament Street, New Delhi-
110001
3. Ms. Hepleen Gaur, D/o Shri G.S.Aurora, R/o D-119, 1st Floor, Fateh
Nagar, Jail Road, New Delhi-110018
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