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Decision No. CIC/SG/A/2010/003087/10568
Appeal No. CIC/SG/A/2010/003087
Relevant Facts
emerging from the Appeal
Appellant : Mr. Dharamvir Singh
V&PO Malha Majra
District and Teh. Sonepat- 131103
Respondent : Mr. Anjum Masood
Public Information Officer (HQ) & ADE
Directorate of Education (HQ),
Government of NCT of Delhi,
RTI Cell (Room No. 220),
Old Secretariat, Delhi-110054
RTI application filed on : 29/07/2010
PIO replied : 13/08/2010
First appeal filed on : 03/09/2010
First Appellate Authority order : 21/09/2010
Second Appeal received on : 29/10/2010
Information Sought:
The Appellant had sought information regarding the deduction of salary for one day. The query in the RTI
application inquired where any employee has taken leave for a day without intimation, would there be any
deduction in the salary for that particular day despite the employee having his casual, earned or special
leaves intact.
Reply of the PIO:
PIO replied that the information sought is not covered in the definition of ‘information’ under Sec. 2(f) of
the RTI Act, 2005.
First Appeal:
Information provided by the PIO is not clear.
Order of the FAA:
The reply is furnished by PIO as per the RTI application. The appeal was thus disposed of.
Ground of the Second Appeal:
Order of FAA passed without hearing the appellant.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Dharamvir Singh;
Respondent : Mr. Anjum Masood, Public Information Officer & ADE(HQ);
The Appellant is seeking clarification as to how an employ’s salary would be deducted if leave is
taking without prior intimation. This is not information as defined under Section 2(f) of the RTI ACT as
contended by the PIO and the First Appellate Authority. The Commission accepts the contention of the PIO
and the FAA.
Decision:
The Appeal is dismissed.
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
22 December 2010
(In any correspondence on this decision, mention the complete decision number.) (ST)