CENTRAL INFORMATION COMMISSION
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Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000828/7739
Appeal No. CIC/SG/A/2010/000828
Relevant Facts
emerging from the Appeal:
Appellant : Mr. H B Sharma
C/P. 67 Maurya Enclave,
Delhi 110034
Respondent : Mr. R. Narula
The then Public Information Officer
Municipal Corporation of Delhi,
Chief Engineer (Electric)
Ambedkar Stadium, Delhi Gate,
Delhi - 110002.
Mr. Bramhanand
PIO & AOI
Municipal Corporation of Delhi
Information and Technology Department
Ring Road,
Lajpat Nagar, New Delhi
RTI application filed on : 05/11/2009
PIO replied : 01/12/2009
First appeal filed on : 07/12/2009
First Appellate Authority order : 25/01/2010
Second Appeal received on : 29/03/2010
Sl. Information Sought Reply of the Public
Information Officer
(PIO)
1. Soft copy of names of the officers and employees of the The RTI has been
Commission and their officially used Mobile No. and their official e transferred with the letter
– mail addresses. no. and date to the C.E /
Electric, the copy of which
has been enclosed.
2. Details of arrangement made for request for obtaining information This information is related
through electronic means provided as one of the modes in Section to D.C / I.T. Department.
6(1) of the RTI Act.
3. The recruitment Regulations in the MCD for the post of Chief This information is related
Accountant-cum-Financial Adviser and Additional Chief to the Central
Accountant provide that the officer to be considered for the post on Establishment Department.
deputation should belong to Organized Accounts Services of the
Central Governments/Departments. Provide a list of Organized
Accounts Services of the Central Government/Departments who are
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considered eligible for the aforesaid posts for deputation.
4. Names of Central Information Officers appointed by the The copy of letter no.
Commissioner under Section 5(2) of the RTI Act. 33/P.S.C /2008 dated
17/01/2008 has been
enclosed.
5. Whether MCD had taken into consideration the eligibility This information is related
conditions laid down in Dopt's OM No. 20/17/99- CS.II dated to the Central
26/12/2000 for appointment of Shri Mathroo, GS, as ADC in MCD Establishment Department.
and if so provide documents of the outcome and also the provision
of the RRs approved by the UPSC for selection of the officer shall
be in consultation with the commission.
6. Soft copy of the records maintained and information published in This information is related
compliance of Section 4 of the RTI Act. to the D.C. / I.T
Department
7. Referring to the CIC’s decision on Complaint No. The copy of letter no.
CIC/WB/C/2007/00184 dated 24/04/2007 decided on 04/12/2007, P.S.C. / 40/2008 dated
vide which the Commission has directed that Commissioner’s 21/01/2008 has been
circular No. PSC/87/2007 dated 12/02/2007 will be withdrawn enclosed.
forthwith ,supply a copy of OO to establish that the OO dated
12/02/2007 has been withdrawn.
8. Supply copies of instructions being adopted by the corporation in This information is related
case of ad hoc appointments/ promotions . Details of any to the Central
instructions as given in Chapter 21 of Swamy’s Complete Manual, if Establishment Department.
applicable.
9. Names of officers in administrative cadre, Accounts cadre and This information is related
Engg. Cadre with effect from 01/01/2004 “Also give details where to the Central
the eligibility conditions are ascertain as on 1st Jan. of the year in Establishment Department
which the ad hoc appointments are made in terms of DoPT OM No.
14017/54/2003- Estt.(RR) dated 4/12/2003.Also clarify whether the
eligibility of Shri M.M. Dass Superintending Engineer given ad hoc
promotion as Chief Engineer as contained in Commissioner’s letter
No.F.33./CED/343/C&C dated 08/07/2007 was as per the other set
of rules as he had not completed the required length of service.
Grounds for the First Appeal:
Irrelevant information given by the PIO.
Order of the First Appellate Authority (FAA):
The information supplied by PIO (CED) was incomplete. PIO CED is hereby directed that
whatever information is inadvertently left be made available to the appellant within 30 days
positively and also directed the PIO CED to request PIO (Eng.), CE(Electric), DC(IT) and
ADC(HQ) to furnish the requisite information relating to the Appellant within 20 working days
positively under intimation to FAA. He may be asked to inspect the records if he wishes.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO and the failure of the FAA to dispose off the
appeal.
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Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. H. B. Sharma;
Respondent: Mr. R. Narula, the then Public Information Officer and Mr. R. K. Sharma,
FAA(Electrical); Mr. Bramhanand, PIO & AOI (IT Dept.) and Dr.
Patnayak; Mr. Anil Kumar Gupta, APIO on behalf of Mr. Ravinder Kumar
DLO(CED);
The Appellant states that he has received most of the information but the following information
has not been provided so far:
1- Query-5: Whether Dopt’s OM No. 20/17/99- CS.II dated 26/12/2000 for appointment of
Shri Mathroo, GS, as ADC in MCD and if so provide documents of the outcome and
also the provision of the RRs approved by the UPSC for selection of the officer shall be
in consultation with the commission. The PIO (CED) has stated that the file is with CBI
the PIO (CED) is directed to transfer the RTI application with respect to this query.
The other information has been received satisfactorily by the Appellant.
Decision:
The Appeal is allowed.
The PIO CED is directed to transfer the RTI application with respect to
query mentioned above to CBI before 25 May 2010.
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
17 May 2010
(In any correspondence on this decision, mention the complete decision number.)(MS)
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