Central Information Commission Judgements

Mr.Pankaj Rai vs Government Of Nct Of Delhi on 16 May, 2011

Central Information Commission
Mr.Pankaj Rai vs Government Of Nct Of Delhi on 16 May, 2011
                        CENTRAL INFORMATION COMMISSION
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                                                            Decision No. CIC/SG/A/2011/000644/12403
                                                                    Appeal No. CIC/SG/A/2011/000644

Relevant Facts

emerging from the Appeal

Appellant : Mr. Pankaj Rai
H No. 381 A, Sector – 6,
House Boarding Colony,
Dharuhera, Rewari (Haryana)

Respondent : Mr. Yusuf Jamal
PIO & Reader
A&U Tibbia College,
Government of NCT of Delhi
Azmal Khan Road,
Karol Bagh, New Delhi- 110005

RTI application filed on : 21/07/2010
PIO replied : 05/08/2010
First appeal filed on : 04/10/2010
First Appellate Authority order : Not mentioned.

Second Appeal received on              :       09/03/2011

Information sought

1) Please provide the detail regarding qualifications of teaching staff in your college.

2) Please provide a certified copy of most recent seniority list of teaching staff in Ayurvedic

3) What are the name, designation and address of the person responsible for making seniority list of
teaching staff in Ayurvedic section?

4) When last seniority list of teaching staff in Ayurvedic section was released? Please provide a
certified copy of same.

5) What legitimate action is likely to be taken against the guilty person responsible for delay in
releasing the periodical seniority list of teaching staff in the Ayurvedic section?

6) What are the criteria of consideration of seniority of teaching staff in the Ayurvedic section? Please
provide a certified copy of rules/regulations/instructions or any related guidelines/orders for the
purpose of determining seniority of teaching staff ? In Ayurvedic section.

7) How seniority of teaching staff was determined, while assigning inchargeship of Shalakya Tantra
(Eye & ENT), Prasuti & Stri Roga (Obs. & Gynaec) and Rachna Sharir?

8) What are the rights/ privileges/allowances/LTC/accommodation of teachers selected by Union
Public Service Commission and the teachers appointed on contract/Adhoc basis?

9) How many written complaints against incharge of departments (lecturer on contract/Adhoc basis) in
Ayurvedic section? Please provide a certified copy of each complaint. If any?

10) What formal actions were taken so far in response to above complaints? P lease provide a Page
certified copy of action taken against these incharges (Contract/Adhoc).

11) Please provide certified copies of appointment letter of teaching staff (Contract/Adhoc) of
Ayurvedic section.

12) Provide certified copies of appointment of Dr. Nishi Arora, Dr. D. Vinaya Kumari, Dr. Rajesh
Chhokar, Dr. B. Sahai and Dr. Manoj Shamkuwar as incharge of their departments in Ayurvedic
section.

PIO’s Reply:-

The appellant was given point wise reply to the query asked as follows:-

1) Photocopy of the list of teaching staff with their qualifications is to be provided.

2) Photocopy of the most recent seniority list of teaching staff is to be provided.

3) Head of Office prepares and updates the seniority list of the staff which is then verified for issue by
Principal/Head of Department.

4) Seniority list is combined for Ayurvedic and Unani section No separate seniority lists of teachers
Ayurvedic and Unani section are made.

5) No action is to be taken against any person as there is no deliberate delay in the updation of
seniority list of teaching staff.

6) Seniority is determined by the service rules of Delhi Govt.

7) As above on 6.

8. Regular and Adhoc/Contract teachers have same rights and privileges as per Delhi
Govt. Rules. I

9) Copies of complaints are to be provided.

10) E.O. is looking into the matter. Appropriate action as per rules will be taken.

11) Appointment letters are to be provided

12) No appointment letter is issued to department incharges.

Order of the FAA:

Not Ordered

Ground of the Second Appeal:

• (Point. 1) Only Ph.D. Degree was not shown against the name of Dr. Deepa Mishra.
• (Point.2)The seniority list of teaching staff is incomplete because the name of 10 lecturers selected
by UPSC and appointed by Govt. of NCT or Delhi have not been included. These UPSC selected
lecturers have a1read completed their probation period (l year). Moreover released date is missing
from most recent seniority list, which creates suspicion.
• (Point.5)Most recent seniority list is still to released. So there is already delay in releasing seniority
list and genuine reasons behind this delay should be screened.
• (Point.8)Entitlement of many benefits of regular teaching staff is different than teaching staff
appointed on contract.

• (Point.l0)Documentary proof about progress in concerned matter may be provided.

Relevant Facts emerging during Hearing:

The following were present
Appellant: Absent;

Respondent: Mr. Yusuf Jamal, PIO & Reader;

The Respondent shows that he has provided all the information to the Appellant as per
available records.

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
16 May 2011
(In any correspondence on this decision, mention the complete decision number.) (SK)