Central Information Commission Judgements

Mr.Proof M B Khan vs Government Of Nct Of Delhi on 26 May, 2010

Central Information Commission
Mr.Proof M B Khan vs Government Of Nct Of Delhi on 26 May, 2010
                  CENTRAL INFORMATION COMMISSION
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                                                  Decision No. CIC/SG/A/2010/000921/7865
                                                         Appeal No. CIC/SG/A/2010/000921
Relevant Facts

emerging from the Appeal:

Appellant                             :       Mr. M. B. Khan
                                              A-5/19, Tibbia College Campus,
                                              Karol Bagh, New Delhi - 110005.

Respondent                            :       Dr. Yusuf Jamal
                                              Public Information Officer
                                              A & U Tibbia College and Hospital
                                              GNCTD, O/o the HOD,
                                              Karol Bagh, Delhi-110005.

RTI application filed on              :       07/11/2009
PIO replied                           :       02/12/2009
First appeal filed on                 :       10/12/2009
First Appellate Authority order       :       11/03/2010
Second Appeal received on             :       13/04/2010

The Appellant had sought following        information in respect of his representation dated
01/08/1997.
Sl.       Information Sought                                   Reply of the PIO
1. Daily progress made on the said        The Application dated 20/04/1990 of the Appellant was not
    representation till date including    attached in the concerned file and the application dated
    the details of date when it           22/08/1997 was put up by the then dealing Asstt on
    reached to the officer, time          23/09/1997 to the then Exe Officer who signed the same on
    duration for which it stayed with     24/06/1997 and marked to EVO. As per the Tibbia College

the officer, name of the officer to Board resolution No. 6 dated 21/03/1997, the transfer of
whom it reached, action taken by gratuity and CPF amount from the said college to AMU
those officers. A copy of the file Aligarh in respect to the Appellant were considered and it
noting of various officers, was unanimously decided that an officer be made to get
functionary on the Quarter No. A-5/19 vacated and market rent be recovered
representation. from him. The request of AMU Aligarh to send gratuity
and other amount of the Appellant were rejected by the
said college.

2. Name and designation of the Mr. Gobind Ram, LDC, Mr. Vijay Kumar, UDC, Mr. O. P.

officers who were supposed to Khurana, EVO and Mr. D K Khanna, EO, Mr. D. K. Vtsa,
take action on the said Principal, Mrs. J V K Taneja, Principal, Mr. T. C. Nakh,
representation and those who did JD, Mr. G. R. Meena, EO, Mr. C. H. S. Shastri,
not do so. Administrator and Mr. R. Chandra Mohan, Pr. Secy
(H&FW).

3. Details of the days prescribed for The administration of Tibbia College was run as per the
taking action on representation. provision of the Tibbia College Act, 1952 and not as per
University Rules.

4. Time frame of the university to As above.

complete its procedure on the
representation.

5. Facts and reason for not taking Proper action had already been taken as per the resolution
any action on the said cited above.

representation.

6. Request to take action against As given in query no. 3.

the errant officer.

Ground for the First Appeal:

Incomplete and unsatisfactory information received from the PIO.

Order of the FAA:

The FAA in its order concurred with the reply of the PIO and found it complete and correct.

Ground for the Second Appeal:

Unfair disposal of the Appeal by the FAA.

Relevant Facts emerging during Hearing:
The following were present:

Appellant: Dr. Tanzeem Fatima representing Mr. M. B. Khan;
Respondent: Dr. Yusuf Jamal, Public Information Officer;

The PIO has provided most of the information but is now directed to provide the
following additional/clarificatory information:
1- Query-3 & 4: If there are any norms about the number of days in which
representations should be dealt with, this should be provided. In case there are no
norms this should be stated.

Decision:

The appeal is allowed.

The PIO is directed to provide the information as 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
26 May 2010
(In any correspondence on this decision, mentioned the complete decision number.)(GJ)