Central Information Commission Judgements

Mr.Manoj Kumar vs Mcd, Gnct Delhi on 21 June, 2011

Central Information Commission
Mr.Manoj Kumar vs Mcd, Gnct Delhi on 21 June, 2011
                          CENTRAL INFORMATION COMMISSION
                              Club Building (Near Post Office)
                            Old JNU Campus, New Delhi - 110067
                                   Tel: +91-11-26161796

                                                                Decision No. CIC/SG/A/2011/001059/12991
                                                                        Appeal No. CIC/SG/A/2011/001059
Relevant Facts

emerging from the Appeal:

Appellant                               :      Mr. Manoj Kumar
                                               1/47, Street No.4, Vishwash Nagar,
                                               Shahdara, Delhi - 110032.

Respondent                              :      Mr. Anil Kumar Gupta
                                               PIO (CED-I) & Administrative Officer
                                               Municipal Corporation of Delhi,
                                               Central Establishment Department,
                                               22nd Floor, Dr. SPM Civic Center,
                                               Minto Road, Delhi

RTI application filed on                :      12/11/2010
PIO replied                             :      15/12/2010
First appeal filed on                   :      11/01/2011
First Appellate Authority order         :      16/03/2011
Second Appeal received on               :      19/04/2011

Sl.                        Information Sought by RTI :                                   PIO Replied :
1.         As per recruitment regulations for the post of LDC duly notified    As per RRs of the post of LDC,
           in Government Gazette and applicable in MCD, what is the                minimum                education
           minimum academic/           educational qualifications for the          qualification to appointment
           appointment of LDC.                                                     on LDC is 10th class passed.
2.    Whether or not 20 persons initially appointed on different group D       Applicant can obtained relevant
           posts on compassionate ground on daily wages, were given                documents after depositing
           appointment to the post of LDC on compassionate ground itself           Rs.6-/ in this office.

on regular basis in the year-2002? If yes, comprehensive list of
such persons with present place of posting may be provided. What
was the criteria for the appointment of these 20 persons as LDC?

3. Whether all the daily wages group D employees appointed on Applicant can inspect the specific
compassionate ground and possessing minimum educational file on any working day with
qualification as per applicable RRs by that time, were given prior intimation to this office.
appointment as LDC by CED? If not, than reason of the same may
be intimated.

4. Whether the applicable RRs were scrupulously followed while Applicant can inspect the specific
giving appointment under reference or the RRs were deviated ? file on any working day with
If deviated than why? who is the competent authority to ignore or prior intimation to this office.
deviate from the Gazette notified RRs for thepost of LDC in MCD
and under what rules?

5. Certified copies of Appointment orders as LDC of all the 20 persons
All appointment office orders of
under reference may be provided apart from certified copies all
LDCs post are issued from
the pages of noting side of the file, wherein proposal was put up
O/o A.O. (Estt.)-II. Applicant
and approved for appointment of above referred 20 Persons as can obtained relevant noting
LDC by the CED. after depositing Rs. 10- on any
working day in this office.

6. Whether some daily waged school Attendant were also granted It relates to Question number 2.

appointment on regular basis as LDC by the CEO in the 20
persons under reference? If yes names of the same with parentage,
may be informed. Whether all the daily waged school Attendants
of that batch having matriculation qualification, were given
appointment as LDC? If not, reason for the same may be
Informed.

Grounds of the First Appeal:

Provided information is unsatisfactory, incorrect and incomplete.

Order of the FAA:

“During the personal hearing, the appellant stated that:
In regard to point no. 1, the appellant is satisfied. In point no. 2, he is asking about the criteria for the
appointment of 20 LDCs. The record file has already been inspected by him for point no. 3 & 4. In point no. 5
office order of appointment of LDCs has not been given. In regard to point no. 6, he stated that incomplete
information had been given to him.

In view of the above discussion, PIO/CED(I) & PIO/CED(II) is hereby directed to provide complete and correct
information directly to the applicant free of cost within 10 working days under the intimation to the undersigned.
The present appeal stands disposed off in line with the above directions.”

Ground of the Second Appeal:

The appellant not satisfied.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Mr. Manoj Kumar;

Respondent : Mr. Anil Kumar Gupta, PIO (CED-I) & Administrative Officer;

The PIO has given all the information available as per records. The Appellant had sought criteria
on the basis of which LDCs were appointed in query-2. The respondent states that there were no specific
criteria and that it was done on the basis of Recruitment Rules. The Appellant claims that the
appointments are in violation of the recruitment rules. For this he will have to approach some other forum.

Decision:

The Appeal is disposed.

Information available on the records has been provided.
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
21 June 2011
(In any correspondence on this decision, mention the complete decision number.) (MC)