Central Information Commission
CIC/AD/A/2009/001474
Dated 18th November, 2009
Name of the Applicant : MR. S.C. SONI
Name of the Public Authority : ITDC, NEW DELHI
Background
1. The Applicant filed his RTI request on 04.10.08 with the CPIO / Ministry of Tourism,
New Delhi requesting for the following information:
i. Whether it is a fact that the India Tourism Development Corporation which is a
Public Sector Undertaking under the Ministry of Tourism have issued a Circular
No.Admn/Discount/Pol/06 dated 22.05.2006 regarding grant of Concessions and
Discounts to the Retired employees of the ITDC.
ii. Whether it is also a fact that while issuing such Circular of those employees who
have retired on superannuation after rendering 20 years service in the
Corporation, who resigned after rendering service of minimum 25 years in the
Corporation have been made eligible to avail the concessions.
iii. Whether it is also a fact that the Circular/Order has been given affect w.e.f
1.4.2006.
Iv Whether such employees who fulfill all conditions as indicated in (II) above but
retired/resigned before 1.4.2006 will also be eligible to avail
Concessions/Discounts with effect from 1.4.2006 or those employees who retired
or resigned on 1.4.2006 or thereafter only will be eligible. If the provisions of
Circular have been made applicable in respect of employees retired on 1.4.2006 or
thereafter, comments of Corporation for ignoring the employees rendering
meritorious qualifying service of 30 years or more in the Corporation who
retired/resigned prior to 1.4.2006 depriving them of the Concessions/Discounts
may be specified.
2. The CPIO replied on 17.11.08 stating that in each case the information sought is in the
form of queries/questions. He therefore, denied the information under Section 2(f) of
the RTI Act, 2005. Being aggrieved with the reply, the Appellant filed a First Appeal on
24.11.08 stating that CPIO has not clarified whether there is any decision from the CIC
or not to supply the information, if a request for seeking information is received in the
form of a query/question. The CPIO instead of the Appellate Authority replied to the
appeal stating that it is fact that all the queries pertain to ITDC Circular
No.Admn./Discount/Pol./06 dated 2.5.2006 regarding grant of concession and discount
to the retired employees of the ITDC and that this facility was extended to only those
employees who rendered 20 years of service in ITDC at the time of superannuation
and also who resigned after rendering service of 25 years in the Corporation. He
mentioned that the circular was made effective with effect from 01.04.2006. Hence,
this scheme is not applicable to those Ex-employees who retired prior to 01.04.2006.
With regard to the justification desired by the Applicant in the last para of his
application, he stated that the CPIO is not required to furnish the same as it is not
covered under the definition of information under Section-2(f) of the RTI Act-2005.
Not satisfied with the reply, the Applicant filed a Second Appeal before the CIC on
27.10.09.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 18th November, 2009.
4. Ms. Mamta Rana, AM(HR) and Mr.Anil Khanna, EA to Director (F) represented the
Public Authority.
5. The Applicant was not present during the hearing.
Decision
6. After reviewing the submissions of both sides, the Commission directs the CPIO to
allow the Appellant to inspect the files dealing with the subject of the said circular and
to provide him with certified copies of documents/circulars/file notings etc. he
requires.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. S.C. Soni,
26/68, St. No.11,
Vishwas Nagar
Delhi.
2. The PIO
I.T..C. Ltd., 6th Floor
Core-8, 7 Lodi Road
Scope Complex, New Delhi.
3. The Appellate Authority
I.T..C. Ltd., 6th Floor
Core-8, 7 Lodi Road
Scope Complex, New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC