CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002237/5321
Appeal No. CIC/SG/A/2009/002237
Appellant : Dr. Rais-Ur-Rahman,
Reader (Moalijat)
Karol Bagh,
New Delhi-110005
Respondent : Dr. Yusuf Jamal
Public Information officer & Reader
A. & U. Tibbia College,
Karol Bagh
New Delhi-110005
RTI application filed on : 16/03/2009
PIO replied : 14/05/2009
First Appeal filed on : 25/05/2009
First Appellate Authority order : Not mentioned
Second Appeal Received on : 01/09/2009
S.No Information Sought PIO's Reply
1. Is it true, that the Delhi Administration vide circular no. Photo stat copy of the letter dated
F. 31 (1) /85-M.PH dated 30/3/1988 has granted U.G.C 30/03/1988.
pay scales to the teachers of A & U Tibbia College w.e.f
01/01/1986? The copy of the said circular /order.
2. Is it a fact , that under the provision of Merit Promotion Photostat copy of the notification dated
/scheme 1987 ( A Merit Promotion Scheme of UGC), 20/05/1996 issued by A & U Tibbia
25 Lectures of A & U Tibbia College were promoted as College, New Delhi, regarding Merit
Readers in the pay sale Rs. 3700-5700+ allowances Promotion Scheme for the Teachers of A
(UGC Scales for Readers) w/e/f/ 01/12/1996? & Tibbia College on the pattern of
scheme-1987(even pages)
3. For what reasons the Readers of A & U Tibbia College The required information is not presently
including the Appellant have not been promoted as available, it will be provide immediately
Professors w.e.f. 01/12/2004? after its availability.
4. For what reasons the pay of the Readers of A & U The U.G C Pay Scales is not available in
Tibbia College has been fixed up in pay Band III? A&UTC
5. Has Lt. Governor of Delhi/Delhi government at any As point No. 3 .
point of time withdrawn the UGC pay Scale being paid
to the teachers of A & U Tibbia College? If so, the order
of the competent authority in this regard may be made
available to the Appellant.
6. Has Govt of NCT of Delhi given any respect to the The copy of the orders of CAT is
decision /order of the CAT, New Delhi? Provide the attached (nine pages).
details of same. For what reasons, the above order of
CAT is not been followed in toto?
7. The Readers A & U Tibbia College are being mentioned Due to computer error.
as Lecturers in their pay slips. For what reason this
irregularity is continuing? How long time is required to
correct the designation of Readers in their pay slips?
Grounds for First Appeal:
Irrelevant/ incomplete information provided to the Appellant.
First Appeal was filed by the Appellant on 24/04/2009. Appellant made an other appeal on 25/05/209 in which
he stated that what the document offered by the PIO was not requested.
Order of the First Appellate Authority:
Not enclosed.
Grounds for Second Appeal:
Unsatisfactory Response.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Dr. Rais-Ur-Rahman;
Respondent: Dr. Yusuf Jamal, Public Information officer & Reader;
Mr. Vivek Bhushan the then PIO;
The PIO has brought additional information which has been given to the Appellant before the Commission.
Most of the queries of the appellant do not seek information as defined under Section 2(f) of the RTI Act.
However, providing the information first to the appellant should have occurred by 16/04/2009 instead of which
the information was provided to him on 14/05/2009. Thus there was a delay of 28 days in providing the
information. The PIO states that the RTI application was with Mr. Bijender Kumar, Executive Officer from
18/03/2009 to 11/05/2009. Thus the entire delay of 28 days is attributable to Mr. Bijender Kumar.
Decision:
The appeal is allowed.
The information has been provided.
The issue before the Commission is of not supplying the complete, required information by deemed PIO
Mr. Bijender Kumar, Executive Officer within 30 days as required by the law.
From the facts before the Commission it is apparent that deemed PIO Mr. Bijender Kumar, Executive Officer 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.
It appears that deemed PIO Mr. Bijender Kumar, Executive Officer’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 11 December 2009 at 11.00am
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under
Section 20 (1).
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
30 October 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj