CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003110/11474
Appeal No. CIC/SG/A/2010/003110
Relevant Facts
emerging from the Appeal
Appellant : Ms. Aruna Kumari,
H-74, Mahendra Park,
Narayan Nagar LBS Road. Ghatkopar (West),
Mumbai 400 086
Respondent : Mr. Subhash Chandra
Public Information Officer & Under Secretary ,
Ministry of Labour & Employment,
Government of India,
Shram Shakti Bhawan, Rafi Marg,
New Delhi-110001
RTI application filed on : 16/04/2010
PIO replied : 31/05/2010
First appeal filed on : 08/07/2010
First Appellate Authority order : 12/08/2010
Second Appeal received on : 07/11/2010
The Appellant had sought information regarding the information of directors of DGFASLI. The
information asked for are as followed:
Sr. Information Sought Reply of PIO
1. To provide with the reservation roster of No reservation is applicable for promotion to the post of
directors of DGFASLI as on March, 2010 Directors in DGFASLI, hence no reservation roster is
maintained.
However, a copy of reservation roster for recruitment to the
post of Directors in DGFASLI by Director Recruitment
method is enclosed.
2. To Provide with the guidelines of DOPT/ The seniority list in respect of Directors of DGFASLI as on
any other law under which DPC for the 1.4.2009 is under consideration/finalization in the Ministry.
post of Deputy Director General (DDG) The Seniority List in respect of Directors as on 1.4.2008 was
has been conducted without finalizing the finalized in the Ministry and forwarded to DGFASLI,
seniority list of directors as DPC Mumbai with the request to circulate amongst all officers
conducted on 13th March, 2010 and the concerned vide our letter dated 7.9.2009. On the basis, of the
draft list was circulated. above Seniority List, DP proposal was sent to UPSC and
DPC held in March.
3. To provide with the new recruitment rule A copy of the existing Recruitment Rules for the post of
after formation of roaster of directors of Deputy Director General in DGFASLI is enclosed.
DGFASLI.
4. To provide with the documentary Photocopy of the note approved by competent authority
evidence of photocopy of the note is enclosed.
approved by the copy of note received.
5. To provide with details of relationship of No such information with respect of individual officer is
maintained.
Page 1 of 4
Mr. M. K. Mathur (under Secretary, M/o
L & E) with Mr. S. B. Mathur (DDG,
DDFASALI, Mumbai)
6. To provide with the Duties and functions CPIO, DGFASLI was requested to provide this
of post of medical discipline of information direct to applicant under intimation of this
DGFASLI, whether they come under the Ministry vide the Ministry’s letter dated 31.5.2010 (copy
practice of medicine. enclosed). Copy of the letter was also endorsed to the
Applicant.
7. Working for workers health by Medical Subject matter does not come under this Ministry.
doctors is practice of medicine or not DGFASLI was requested vide letter dated 5.8.2010 (copy
kindly give documentary evidence as it enclosed) to furnish the requisite information.
comes under Mb L&E.
8. On the basis of various studies & surveys Proposals having financial implications require the
and Sixth pay commission, the proposal of approval of Dept. of Expenditure and Ministry of
extension of DACP Scheme by the Mb L& finance. Hence, the proposal was referred to Dept. of
E has been sent to the medical officers of Expenditure. The Copy of the same has been enclosed.
DGFASLI to Department of Expenditure,
Ministry of Finances, when such is not
possible. Kindly provide with details as
to how such scheme has been made when
DACP scheme has already concurrence of
the Ministry of Finance. Kindly provide
the copy of proposal sent to Ministry of
Finance along with file noting &
enclosures.
9a. To provide with the particulars of the law, CPIO, Deptt. Of Expenditure was requested to provide
9b. under which Mb I. & F and Ministry of this information directly to applicant under intimation to
Finance declared that the Medical doctors the Ministry .Copy of the letter was also endorsed to the
of DGFALI are not practicing Medicine, Applicant.
when the doctors having MBBS A photocopy of the proposal sent to
qualification are selected by UPSC & Ministry of Finance along with file noting & enclosures
NPA is given to DOFASLI doctors. is enclosed.
Kindly provide a copy of reply given on
proposal.
10. Kindly provide material document stating Such information is not available with the Ministry.
the definition of practice of Medicine.
11. Kindly provide material document stating CPIO, DGFASLI was (requested to provide this
that DGFASLI Medical doctors are not information direct to applicant under intimation to this
practicing medicine. Ministry vide this Ministry’s letter dated 31.5.2010 (copy
enclosed). Copy o1 the letter was also endorsed to the
Applicant.
12. To provide with the documents which Same as above.
give the law/rule, wherein Authority is
given to M/o L&E and Ministry of
Finance to declare that DGFASLI medical
doctors are not practicing medicine who
are registered under Medical Council of
India, to practice medicine anywhere in
Country.
13. To provide the details of law under which Same as above.
Non Practicing allowance is given to
Page 2 of 4
DGFASLI Medical Doctor who is not
practicing Medicine as declared by MOL & E
and Ministry of Finance.
14. To provide with the materials regarding Same as above.
the law wherein the medical doctors of
DGFASLI were authorized by Mb L&E to
conduct Occupational health National
studies, surveys by examining the
workers, diagnosing & prevalence of
occupational disease in the country, when
they are not practicing medicine as
declared by Mb L&E and Ministry of
Finance.
15. To provide with the details of the law Same as above.
under which the DGFASLI was
authorized by Mb L&E, to conduct
training in occupational health &
teaching Factory Medical doctors in AFII-
I course which is a statutory qualification
for appointment of Factory Medical
Officers under Factories Act, 1948, when
the medical doctors of DGFASLI are not
practicing medicine as declared by Mb
L&E and Ministry of Finance.
16. Kindly provide material documents under No rules have been overruled in this regard. The position
which law, G.I. Deptts. of Per & Trg. O.M. i the seniority list of the officers is determined in
No.2001 l/1/2006-Estt (D), dated accordance with instructions issued by DOPT from time
3.3.2008 have been over ruled by Ministry, by to time.
bringing Dr. Waghe from 6th position to II The instructions on the subject issued by the Deptt. Of
position although clarification given by DOPT
Personnel & Training may be downloaded from the
by name of Dr. Waghe, Mr. Pal & Gautath
who joined respectively on 5th, 15th and 20th
Website of the Deptt. Of Personnel & Training.
respectively. (www.persmin.nic.in)
17. To provide with documents supporting the The instruction may be downloaded by the website
law/rules/regulation, under which the provided in the above reply.
directors joined from (DR) quota after
November, 2007 become senior to Dr.
S.S.Waghe who joined on 5th March, 2007,
including Shri S.B.Mathur who became DDG.
First Appeal:
Not enclosed.
Order of the FAA:
The FAA disposed off the appeal stating that the PIO has given all the relevant information in sequence to
the query of the appellant.
Ground of the Second Appeal:
Unsatisfactory information provided by the Ministry and PIO.
Page 3 of 4
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent;
Respondent : Mr. A. K. Malik, Section, Mr. J. Sankar, SO on behalf of Mr. Subhash Chandra, Public
Information Officer & Under Secretary; and Mr. H. Vishvanathan, Director (S), DGFASLI, SION
Mumbai-22;
The Commission queried the Respondents based on the second appeal filed by the Appellant as follows:
1- Query-2: The respondent states that the seniority list has been finalized.
2- Query-3: The Respondent states that the recruitment rules as on 10/11/1989 have been
provided to the Appellant and these have not been revised.
3- Query-11: The Respondent states that there is no document of the nature sought by the
Appellant.
The Respondents also state that most of the queries of the Appellant do not seek a record but seek to
obtain a clarification from the PIO about various rules and practices.
Decision:
The Appeal is disposed.
The information available on the records appears to have 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
15 March 2011
(In any correspondence on this decision, mention the complete decision number.) (PBR)
Page 4 of 4