Central Information Commission Judgements

Mr.Devraj Manav vs Mcd, Gnct Delhi on 21 May, 2010

Central Information Commission
Mr.Devraj Manav vs Mcd, Gnct Delhi on 21 May, 2010
                  CENTRAL INFORMATION COMMISSION
                      Club Building (Near Post Office),
                    Old JNU Campus, New Delhi - 110067.
                           Tel: +91-11-26161796

                                         Decision No. CIC/SG/A/2010/000858/7824
                                                Appeal No. CIC/SG/A/2010/000858
Relevant Facts

emerging from the Appeal:

Appellant                            :      Mr. Devraj Manav
                                            S/o Late Pyare Lal
                                            L-1st-1128/27, Sangam Vihar,
                                            Asthal Mandir Raod,
                                            New Delhi - 110062.

Respondent                           :      Mr. R. K. Parashar
                                            Public Information Officer &
                                            Asstt. Commissioner
                                            Municipal Corporation of Delhi
                                            Central Zone, Lajpat Nagar,
                                            New Delhi - 110024.

RTI application filed on             :      01/01/2010
PIO replied                          :      15/01/2010
First appeal filed on                :      01/02/2010
First Appellate Authority order      :      19/02/2010
Second Appeal received on            :      05/04/2010

Information sought: -
   i)     Photocopies of the list/cases considered engaging daily wages safai karmachari as

regular on compassionate ground in the year 2008 & 2009 by the Board on zonal
level.

ii) Name of the Daily Wages regular Safai Karmachari, their father’s name, mother’s
name, date of death, relation, age, marital status, responsibility of dependants of
the deceased, economic & social condition report submitted by ALWO/concerned
officer of those who were considered to be engaged as regular on compassionate
grounds in place of their deceased mother and father.

iii) Total number of cases considered by the Board for engaging Daily Wages Safai
Karmacharis as regular during the year 2008-2009.

iv) Number of cases which were considered to engage Daily Wages Safai Karmcharis
on compassionate grounds who have no responsibility of their deceased mother
/father as well as they are married & matured & to whom they will feed even
when they have no responsibility even then case has been recommended by
ALWO/concerned and their case had been placed before Board to consider or
engaged as Daily Wages regular safai karmacharis on compassionate grounds and
Board has approved their cases for engagement as Daily Wages regular safai
karmacharis on compassionate grounds there is any malpractice or intentionally.

v) Photocopies of the order/approval having complete list of the cases considered by
board for engagement as daily wages regular safai karmacharis on compassionate
grounds in year 2008-2009

Reply of the PIO:

ii) ALWO did not give any socio-economic report of the deceased employee. The family
details of the deceased employee. The family details of the deceased employee is filled up in
application Performa which is verified by the DEMS deptt.
Ground for the First Appeal:

Incomplete and unsatisfactory information received from the PIO.

Order of the FAA:

The FAA in its order suggested the Appellant to contact the O/o Sanitation Superintendent
with prior intimation and inspect the relevant records available with the department and
further directed to provide whatever information was available.

Ground for the Second Appeal:

Unfair disposal of the Appeal by the FAA.

Relevant Facts emerging during Hearing:

The following were present
Appellant: Mr. Devraj Manav;

Respondent: Mr. R. K. Parashar, Public Information Officer & Asstt. Commissioner;

Mr. Gajendra Singh , SS & Deemed PIO; Mr. Ravi Kant, LDC & Deemed PIO;

The deemed PIO had an accident at the time RTI application was made hence the
satisfactory reply had not been given to the Appellant. The Commission directs the deemed
PIO to give the photocopies of the applications of those who have been appointed as safai
karmacharies on compassionate grounds in the period 2008-2009.

Decision:

The appeal is allowed.

The Deemed PIO is directed to give photocopies of the records directed
above to the Appellant before 05 June 2010.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
21 May 2010
(In any correspondence on this decision, mentioned the complete decision number.)(GJ)