CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002366/5502
Appeal No. CIC/SG/A/2009/002366
Appellant : Mr. R D Mishra,
251-D, J & K, Dilshad Garden,
Delhi-110095
Respondent : Mr. S.C.Yadav
Public Information Officer & JAC,
Municipal Corporation of Delhi,
Join A & C, Assessor & Collector
Office, MCD, Ring Road,
Lajpat Nagar-III,
New Delhi- 110024
RTI application filed on : 02/06/2009
PIO replied : 16/07/2009
First Appeal filed on : 27/07/2009
First Appellate Authority order : 14/09/2009
Second Appeal Received on : 22/09/2009
Notice of Hearing Sent on : 12/10/2009
Hearing Held on : 12/11/2009
Information sought:
1. Number of the employees transferred in the year 2008 & 2009 from A & C
department by CED. Provide their names. Give the copies of the office orders.
2. Provide all places of postings, datewise period spent in each place of posting in
previous debarments of all above said employees.
3. Number of employees relieved from A & C Deptt. in 2008 & 2009. Give their names
and provide copy of orders.
4. Number of employees retained/detained by CED/MCD and how many by A & C
Deptt. upto 31/03/2009 and upto 31/03/2008. Provide their names and copy of
retaining orders.
5. Reasons of not relieving of the retained employees.
6. Provide all places of posting of all employees dealt by CED/MCD, giving with date
wise period spent in each posting place by each employee since date of joining, with
designations. This information may be given in C.D. Provide inspection of the
concerned record and certified record and certified copy of Record as required by the
Appellant.
PIO's Reply:
PIO, MCD (Assessment & Collection Deptt.) replied that regarding point no. III & IV(part) the
information sought can be supplied on payment RS. 168/ as requisite fee @ Rs 2/-per page.
Query at point no V is not specific.
Regarding point no. (I), (II), part of (IV) & VI relates to Central Establishment Department of
MCD, where the application already stands transferred.
Grounds for First Appeal:
PIO had denied/transferred this information which is in his possession. Reply was given after 52
days.
Order of the First Appellate Authority:
FAA stated that the information given by the PIO/HQ was correct and did not call for nay
interference. Point no. (I), (II), part of (IV) & (VI) relates to /Central Establishment Department
of MCD, where the Application already stands transferred. Regarding point no. III, IV (part),
PIO/HQ was directed to furnish the information free of cost to the Appellant.
Grounds for Second Appeal:
Appellant mentioned that information regarding point no. 2 is in service file of employees which
PIO/A&C possess. Transfer of Application to other deptt./CED is not permitted within the same
public authority.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. S.C.Yadav, Public Information Officer & JAC;
The PIO states that information regarding queries 1,2, 5 & 6 is available with Central
Establishment Department (CED) and hence he has transferred RTI application to CED. He
shows evidence that he has given 84 pages of information free of cost to the Appellant on
17/09/2009 relating to queries 3 & 4.
Decision:
The appeal is allowed.
The information has 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
12 November 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj