Mr.Rajendra Gupta vs Mcd, Gnct Delhi on 22 June, 2011

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

                                                            Decision No. CIC/SG/A/2011/001085/13011
                                                                    Appeal No. CIC/SG/A/2011/001085
Relevant facts emerging from the Appeal:

Appellant                            :      Mr. Rajendra Gupta,
                                            704, G.T. Road,
                                            Shahdara, Delhi - 110032.

Respondent                           :      Mr. M. K. Bhardwaj
                                            PIO & Administrative Officer
                                            Municipal Corporation of Delhi
                                            Central Establishment Department-III & II,
                                            22nd Floor, Dr. SPM Civic Center,
                                            Minto Road, New Delhi 110006.

RTI application filed on             :      08/11/2010
PIO replied on                       :      10/12/2010
                                            14/12/2011
                                            28/12/2010
First Appeal filed on                :      05/01/2011
First Appellate Authority order of   :      16/03/2011
Second Appeal received on            :      25/04/2011

Information Sought:
   1) Provide photocopy of details of the educational qualifications and term of service in MCD of all
      employees and officers promoted in the Central Establishment Department of the MCD within a
      period of last 3 years.
   2) Provide the photocopy of details of how many posts of Administrative Officials, Assistant
      Assessors and Samaharttas have been filled by deputation and direct admissions in the last three
      years by this department.
   3) Provide the photocopied details of the official orders of the requests made to any of the
      departmental or Govt. machinery or D.S.S.V. for filling of the post of Administrative Officials,
      Assistant Assessors and Samaharttas in the last 3 years.

Reply of PIO dated 10/12/2010
   1) In the last 3 years, Upper Clerks (Lipik) have been promoted to Chief Clerk; Chief Clerks have
   been promoted to Superintendent; appointments have been made for the post of Clerk and Junior
   Clerk. The details relating to their educational qualifications are not available. A copy of the orders
   has been attached.
   In the last 3 years 24 junior Stenographers have been promoted to Senior Stenographers. Details
   related to their educational qualifications are not available. A copy of the orders has been attached.
   2) The information sought is related to R.P.A. 11 and has already been sent.
   3) The information sought is related to R.P.A. 11 and has already been sent.

Reply of PIO dated 14/12/2010
   1) Under the Administrative Officials (Establishment) - III of the Central Establishment Department
   of the MCD, the promotions to the posts related to the Executive Engineer, Superintendent Engineer,
   Head Engineer, Engineer-in-Chief are done according to the notifications of the rules of recruitment.
      For other essential description, the applicant can visit the office on a working day and obtain the
     related information as per rules.
     2) This information is not related to Administrative Officials (Establishment) - III.
     3) This information is not related to Administrative Officials (Establishment) - III.

Reply of the PIO dated 28/12/2010
   The information sought for is recorded in a large number of different files. Thus the applicant is
   requested to visit the office within 7 days of receiving of the reply between 10:00 a.m. and 5:00 p.m.
   and personally inspect the available records.

Grounds for the First Appeal:
      PIO did not furnish with complete information with respect to Query 1 and with respect to Query 2
and Query 3, no reference has been given in the information supplied.

Order of the First Appellate Authority (FAA):
The FAA directed the PIO to provide requisite information with respect to Query 2 and 3 free of cost
within 10 working days. The FAA however observed that no information in the form asked for in Query 1
can be made available in the MCD and providing such information will divert the resources of the
department disproportionately.

Ground of the Second Appeal:
The PIO did not provide with complete and correct information.

Relevant Facts

emerging during Hearing:

The following were present
Appellant: Mr. Rajendra Gupta;

Respondent: Mr. M. K. Bhardwaj, PIO & AO CED-II&III; and Mr. Anil K. Gupta, PIO&AO CED-I;

The PIO has given most of the information but has not provided the information about the
education qualification of the AO promotees. The PIO will provide these to the Appellant. The PIO will
also provide information on query-2.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information as directed above to the appellant
before 10 July 2011.

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
22 June 2011
(In any correspondence on this decision, mention the complete decision number.) (SS)