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Decision No. CIC/SG/A/2010/002846/10315
Appeal No. CIC/SG/A/2010/002846
Relevant Facts
emerging from the Appeal
Appellant : Mr. Rajni Kant Swami
D-122 Shyam Park Extn., Sahibabad,
Gaziabad, U.P.
Respondent : Mr. M. G. Prabhakaran
Public Information Officer & Joint Secretary
Delhi Agricultural Marketing Board
Govt. of NCT of Delhi
9, Institutional Area, Pankha Road,
Janak Puri, New Delhi-110058.
RTI application filed on : 30/06/2010
PIO replied : 30/07/2010
First appeal filed on : 16/08/2010
First Appellate Authority order : 06/09/2010
Second Appeal received on : 07/10/2010
Sr. Information sought Reply of PIO
1. In the minutes of Board meeting held on 30.08.07 it A proposal was sent to Jt. Director, Delhi
has been mentioned that "that matter contained in Agricultural Marketing (GNCT of Delhi) for
the agenda note (Agenda 6) was discussed and the notification of the amendment in the Delhi
Board decided to make amendment in point No.3 of Agricultural Marketing Service Regulation,
the proposed Rules already sent to the Delhi Govt. 2004 vide letter
No.39010/63/05/DAMB/Acctt/53t9 dt.
Detailed information relating to the proposal sent to 16.05.2008.
the Delhi Govt. and approval received from the D No reply has been received from Delhi Govt.
Go may please be provided. in this regard.
2. Whether employees of DAMB required to obtain Yes.
prior permission from the VC, DAMB obtaining
prolonged medical treatment from the Govt.
Hospital, in serious diseases.
3. If answer is yes then a copy of such rules stipulated Copy of the DGEHS clarification has already
under CCS Medical Attendance Rules or any other been supplied to you vide letter
rules may please be provided. No.F.No15(072)653/09/DAMB/Mktg/RTI/ID-
134/1404 dated 19.04.2010.
4. Whether any circulars relating to obtaining These orders were circulated among all the
prolonged medical treatment from Govt. Hospital Market Secretaries, all branch heads of the
has been circulated to employees of the DAMB. DAMB and also displayed on the notice board.
Detailed information may be given.
First Appeal:
Incomplete information provided by the PIO.
Order of the FAA:
“The applicant argued that he has not received complete information of his RTI application. It was
decided to peruse the reply of all questions one by one. It was noted that the reply of question No.1 and 2
is complete and with regard to question No.3, the PIO has informed that the said letter has already been
supplied to him. However, it was agreed by him to provide one more copy of this letter. With regard to
question No.4, however, the reply as per question is complete, but it was decided to give a copy of the
said order as per request of the applicant.
Accordingly, the appeal is disposed off with the direction to the PIO to furnish a copy of letter/order as
mentioned in the reply of question No.3 & 4 within seven days from the issue of this order.”
**The PIO has provided the information as per the order of the FAA.
Ground of the Second Appeal:
Unsatisfactory response received from the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Rajni Kant Swami
Respondent : Mr. M. G. Prabhakaran, Public Information Officer & Joint Secretary;
The Appellant has been provided all the information available as per records. The Appellant
believes that the Department is wrongly applying certain rules about reimbursement. Discussions with the
Appellant show that information as per records has been provided to him. RTI will only get him
information based on the records. If the Appellant fees that the Public Authority is interpreting the rules in
the wrong manner he will have to take up this matter at an appropriate forum.
Decision:
The Appeal is disposed.
The information available as per records has been provided to the Appellant.
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
06 December 2010
(In any correspondence on this decision, mention the complete decision number.)(AK)