Mr. R. N. Goel vs Hindi Academy, Govt F Nct Of Delhi on 14 September, 2009

                CENTRAL INFORMATION COMMISSION
                    Club Building (Near Post Office)
                  Old JNU Campus, New Delhi - 110067
                         Tel: +91-11-26161796

                                            Decision No. CIC/SG/A/2009/001763/4787
                                                   Appeal No. CIC/SG/A/2009/001763

Relevant Facts emerging from the Appeal

Appellant                           :      Mr. R. N. Goel
                                           H - 19/56, Sector - 7,
                                           Rohini, Delhi - 110085.

Respondent                          :      Public Information Officer
                                           Secretary
                                           Hindi Academy
                                           Govt f NCT of Delhi
                                           Padam Nagar, Kishan Ganj,
                                           Delhi.

RTI application filed on            :      17/11/2008
PIO replied                         :      27/11/2008
First appeal filed on               :      Not Mentioned
First Appellate Authority order     :      29/01/2009
Second Appeal received on           :      22/07/2009

Information Sought:
   1. Inspection of file/s relating to initial appointment/subsequent appointments of
      Shri Hari Suman Bisht, presently Assistnat Secretary, as provided for in Section 1
      (j). Request for extracts/certified copies of documents, if required, will be made
      after inspection of the File/s. Date and time and name/designation of official of
      official to be contacted for the purpose.
   2. Following information/copies of documents regarding various appointments of
      Shri Hari Suman :
           a) Date and name of post on which he initially joined Hindi Academy
           b) Whether a sanctioned post (on which he initially joined) existed on the
              date of his appointment in Hindi Academy
           c) A copy of the sanction for the post on which he initially joined.
           d) A copy of appointments order in respect of his initial appointments.
           e) Mode of his appointment i.e. whether the post was advertised in
              newspapers obtained from other Department/Organisation.
   3. If his services were obtained from any Department/Organisation, following
      information
           a) Name of Department/Organisation from which his services were obtained.
            b) Duration and terms and conditions of deputation or any other basis on
               which his services were obtained by Hindi Academy.
           c) Copies of correspondence exchanged regarding his initial appointment
               between Hindi Academy and concerned Department/Organisation from
               which his services were obtained.
    4. Following information regarding his subsequent appoinment/promotions (other
       than initial appointment) in Hindi Academy
           a) Name of each post (after his initial appointment) to which he was
               appointed/promoted and date on which he was appointed to each post.
           b) Copies of sanctions in respect of each post to which he was appointed
               (other than initial appointment)
    5. Following information whether subsequent appointments/promotion involved any
       change of cadre:
           a) Names and posts to which his appointment/promotion involved change of
               cadre
           b) Whether appointment/promotion involving change of cadre is permissible
           c) Name of the competent authority to permit/allow change of cadre in such
               cases. A copy of rule/bye-law under which the said authority is authorized
               to permit/allow appointment/promotion involving change of cadre.
           d) Whether his appointment/promotion involving change of cadre was
               approved the said competent authority. If so, a copy of approval of
               competent authority.
    6. Following information if he has been permanently absorbed in Hindi Academy.
           a) Name of the competent authority to approve permanent absorption of
               officials whose services were initially obtained from any other
               Department/Organisation.
           b) Whether approval of competent authority was obtained for his permanent
               absorption in Hindi Academy. If so, a copy of document/minutes
               containing approval granted by competent authority may for his
               permanent absorption in Hindi Academy.

Reply of the PIO:
The PIO replied that the information fall under Section 8 (e)/(j) of the RTI Act hence it
could not be provided.

Ground of First Appeal:
Denial of information from the PIO.

Order of the FAA:
The FAA in its order directed the PIO to give information to the Appellant within twenty
days of issue of the order.

Ground of the Second Appeal:
Incomplete information received from the PIO after the order of the FAA

.

Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Dr. Ravindra Srivastava (PIO/Hindi Academy)
The Appellant had not been given clear answer with respect to four of his queries which
has been done subsequently by the PIO vide his letter 10/09/2009 which has been sent
only to the Commission and not to the Appellant. The PIO is directed to send this
information to the Appellant before 20 September 2009.

Decision:

The Appeal is allowed.

The PIO will give abovementioned information to the Appellant before 20 September
2009.

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
14 September 2009

(In any correspondence on this decision, mention the complete decision number.)
(GJ)