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Decision No. CIC/SG/A/2009/001522/4358
Appeal No. CIC/SG/A/2009/001522
Appellant : Sh.D.K. Sharma
227- B , Pocket-C
Mayur Vihar, Phase-II
Delhi- 110091
Respondent : Sh.K.K.Jain
General Manager-PIO, Delhi Financial corp.
Plot No.37-38, Institutional Area,
Pankha Road, D-Block, Janakpuri
Delhi-11058
RTI application filed on : 16/03/2009
PIO replied : 17/04/2009
First Appeal filed on : 22/04/2009
First Appellate Authority order : 19/05/2009
Second Appeal filed on : 17/06/2009
Information sought:
The Appellant had sought the following information regarding Sh. Harish Kumar, steno with
GM/DFC:
1) To provide certified copies of conveyance & daily allowance provided to him for the
period from 01/07/2003 to 31/07/2004 .
2) To provide certified copies of the duty attendance certificate for the period of his
duty with ACB/GNCTD or CBI during 1995-2005 indicating the time of arrival in
office of the ACB/GNCTD or CBI for duty and departure time from office of
ACB/GNCTD or CBI (as the applicability of case may be). Also attach certified
copies of certificates of duties done in this respect from concerned department of
ACB/GNCTD or CBI.
3) How many cases had been registered in ACB/GNCTD or CBI wherein Sh. Harish
Kumar , had been deputed as witness ? Details of the same along with FIR no. /RC
no., year of registration of case in office of concerned authority i.e. /GNCTD or CBI
and title of case /cases be provided.
4) How many monthly basis gross emoluments, net take home salary , deductions in
respect of loan taken if any and scale of pay as paid to Sh. Harish Kumar, during 1995
to 2008.
5) Certified copies of the leaves granted to Sh. Harish Kumar, viz. EL,CL,ML from
period 1995 to 2005.
PIO's Reply:
1) For the period of 01/07/2003 to 31/07/2004, Sh. Harish Kumar attended four times
ACB i.e June 2003, Oct.2003, Feb.2004, June 2004 and had claimed Rs.300/- for
attending the duty on 21/02/2004 but the same was passed for Rs.225/- on
09/03/2004.
2) As per records, the corporation had started deputing employees for performing the
duties of punch witness in respect of Sh.Harish Kumar, w.e.f June 2002. to Anti
Corruption Deptt. of GNCTD, hence the details from 1995 to Feb. 2002 was not
provided., however a copy of the attendance register on which Sh. Harish Kumar , Sr.
Steno was assigned to perform the duties of Vigilance Deptt. had been provided
through annexure..
3) Was said to be not pertaining to this corporation.
4) Information was annexed.
5) Certified copies of leave granted for the said period was annexed. However records of
casual leave as available was annexed.
Grounds for First Appeal:
Appellant was not satisfied with the information provided by the PIO.
Order of the First Appellate Authority:
FAA directed the PIO to furnish the information afresh as regard point no.1 & 4 sub-clause 2,
while he upheld the reply given by the PIO, as far as other information was concerned.
Grounds for Second Appeal:
Appellant was not satisfied with the PIO's reply as well as with the FAA order.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Sh.D.K. Sharma
Respondent: Mr. Ravindra Swaroop, APIO
The APIO states that the PIO Mr. K.K.Jain has not arrived since he is taking his own time to
reach the Commission. The Commission has started its hearing at 10.15 and reprimands
Mr. K.K.Jain for being completely irresponsible for not turning up at the hearing in time.
The PIO had sent most of the information to the Appellant. Small portion had been left out
which has been given to the Appellant before the Commission.
Decision:
The appeal is allowed.
The information 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
4 August 2009
(In any correspondence on this decision, mention the complete decision number.) (SP)