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Decision No. CIC /OK/A/2008/00951/SG/0443
Appeal No. CIC/OK/A/2008/00951/
Relevant Facts
emerging from the Appeal
Appellant : Mr. M.L.Gouhari,
A-1/107 Janak Puri,
Delhi-110058.
Respondent 1 : Mr. N.S. Padmanabhan,
PIO,
Education Consultants India Limited.
RTI filed on : 19/01/2008
PIO replied : 05/03/2008
First appeal filed on : 17/03/2008
First Appellate Authority order : 09/05/2008
Second Appeal filed on : 29/05/2008
The appellant wanted information about a particular enquiry:
S. No. Information Sought The PIO Reply
1. Whether Board of Directors of Rule 33 of Ed.CIL (conduct, discipline and appeal).
Ed.CIL or CMD had the power Rules 2003 provides for interview of the order
to issue instructions for such passed by the Appellate Authority. The Appellant
inquiry? If, yes than please preferred review of the order under the said rule
provide of such rules. based on which by exercising the power conferred
in Rule 33 the reviewing Authority ordered for de
nova inquiry.
2. Please provide the copy of the It is incorrect the part of applicant to state that Sh.
rules/manner under which such Yogesh Gupta Ex-Additional Sec, MEA and
inquiry/hearing has been Director on the Board of Ed.CIL was holding an
instituted despite dismissal inquiry in the case. Sh. Kwatra dismissed from
twice of Mr. I.P.Kwatra with the service by the Disciplinary Authority. In case to
purpose. have rule position on the subject he may deposited
an amount of Rs. 4/-, for supply of the documents.
3. How many times the cases of The Appellant is informed that two cases namely of
officials have been reviewed Sh. Kwatra and Mr. Habbu were once reviewed by
earlier, by which Authority & the reviewing authority i.e. Board of Directors under
provision? Please provide the the provision of Rule 33. Copy of the relevant
copy of the rules under which portion of Ed.CIL’s CDA Rule will be supplied on
above actions are covered and submission of the documentation fee mentioned
also copy of rules under which above.
Board can review surpassing its
own verdict or can empower
CMD for such acts.
4. Please advice the consideration The Appellant is informed that the DPC meeting on
with which the meeting of Dept. 17-12-07 was held in the Chamber of Sh. Yogesh
Promotion Committee was held. Gupta the then Additional Secretary and Director on
How many times earlier DPC’s the Board of Ed.CIL due to Administrative
were held outside the Ed.CIL’s exigency. The details relating to as to how many
office premises. Please provide times DPCs were held outside Ed.CIL is not really
their complete details. Please available.
note that it is not an
administrative decision but such
act bring down the image of an
organization.
5. After dismissal of Ms. Monalisa The Appellant has been informed that the
Sen, Mr. Kwatra and Mr. information being sought is not clear. However,
U.K.Habbu on completion of de what has been understood from the limit meaning
nova inquiry what action has from the question, the Appellant is informed that as
been taken for recovery of understood no arrears have been paid except
arrears paid to them? subsistence allowance which were due.
The First Appellate Authority Ordered:
First appeal not made.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. M.L.Gouhari
Respondent: Mr. U.S. Gaikwad present PIO representing
Mr. N.S. Padmanabhan, PIO at the time of the application
The respondent states that the queries are not for ‘information’ as defined under the Act.
The Commission elicited the information required by the appellant after discussing with him
and he confirms he would be satisfied if he was given the following information:
1. Copy of the Conduct rules which also cover the rules for conducting inquiries.
2. Copy of the orders based on which the enquiry against Mr. Kwatra was ordered.
Decision:
Appeal is allowed.
The PIO will provide the information on the following points to the appellant before 20
December, 2008.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties
Shailesh Gandhi
Information Commissioner
8th December,08.
(Any correspondence on this decision, mention the complete decision number.)