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Decision No. CIC/SG/A/2010/002896/10370
Appeal No. CIC/SG/A/2010/002896
Relevant Facts
emerging from the Appeal
Appellant : Mrs. Nirmala Thakur
G-4/7, Sector-16,
Rohini, Delhi – 110089.
Respondent : Mr. H. C. Gupta
PIO & Dy. CGM North
Delhi Transport Corporation
North Region, Wazirpur Depot,
Delhi
RTI application filed on : 19/04/2010
PIO replied : 20/05/2010
First appeal filed on : 24/06/2010
First Appellate Authority order : 28/07/2010
Second Appeal received on : 04/10/2010
Sl. Information Sought Reply of the PIO
1. Number of Employee's Union working in Did not pertain to the unit. In the Rohini Unit 2 Unions
DTC and number and name of employee's were working 1) T. C. Employee's Congress Union
union working under Rohini Depot-II. (Regd.) and 2) Delhi Transport Majdoor Sangh (regd.).
2. Name and designation of the officer working Name of the officer working in both unions had been
in Rohini Depot -II along with their duty given along with their designation details of section and
time. duty time.
3. Type of concession given to the officer No concession was given to any employees working in
working in the Rohini Depot-II union. unions.
4. Types of concession which had been given to Employees working in unions worked properly.
the Union of Rohini Depot-II and whether
they were working properly.
5. Whether the driver of were given the job of In those units drivers were sent to worked as conductor.
conductor.
6. Copy of the order given by the officer in this No such order was available in the record.
regard.
7. Whether the work of conductor is being taken No.
from the conductor without proper license.
8. Details of need of having a conductor’s Drivers could not work as conductor with the proper
license for the recruitment of conductor. license of conductor license.
9. Name of the person responsible if any Those who will sent the driver to work as conductor
mishappening occurred due to above stated with proper license will be liable.
reason.
10 .Details of duty hour of Schedule Section In- The duty hour hour of Schedule Section In-Charge is
Charge. 0700 to 1530.
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11 Whether over time was given to Schedule There was no provision for giving overtime to Schedule
Section In-Charge if his duty hour was 6.00 Section In-Charge.
a.m. to 6.00 p.m.
12 If no overtime was given to Schedule Section It has been clarified in para 11.
. In-Charge, then whether he works by his
own.
13 Name of the person responsible for the It depends on the kind of mis-happening.
. mishappening which occurred during the
working hour of Schedule Section In-Charge.
14 Name of the officer by whose order the ATI Copy of the order had been given (attached).
. and TI had to go outside the depot for
checking for 2 hours.
15 Name of the officer who works as back up of No other was given.
. those who goes out for the checking for 2
hours.
First Appeal:
Incomplete and misleading information provided by the PIO.
Order of the FAA:
The FAA concurred with the reply given by the PIO and further directed the PIO to transfer the RTI
Application to the PIO (Hq) so that information pertaining to his department could be supplied to the
Appellant within 15 days after receiving the application.
Ground of the Second Appeal:
Unfair disposal of the Appeal by the FAA and reply given in English.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mrs. Nirmala Thakur;
Respondent : Mr. H. C. Gupta, PIO & Dy. CGM North;
Mr. H. C Gupta, PIO admits that he did not follow the order of the FAA and send the RTI
application to PIO(HQ) as directed by the First Appellate Authority(FAA). The Appellant claims that all
the information provided by PIO Mr. H. C. Gupta is false.
1- The Appellant states that Mr. Dharamvir Singh has been shown as just a member of the Union
whereas he is an office bearer.
Decision:
The Appeal is allowed.
The PIO Mr. Gupta is directed to clarify from the records whether the statement that
Mr. Dharamvir Singh is a member and not an office bearer is correct before 20 December
2010.
The PIO Mr. Gupta is also directed to take the assistance of PIO(HQ) under Section 5(4)
of the RTI Act and provide the information to the Appellant before 30 December 2010.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
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From the facts before the Commission it appears that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which raises
a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has
clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
He will present himself before the Commission at the above address on 07 January 2011 at 11.30am
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He will also send the information sent to the appellant as per this decision and
submit speed post receipt as proof of having sent the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is
directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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
08 December 2010
(In any correspondence on this decision, mention the complete decision number.) (GJ)
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