Central Information Commission
CIC/AD/A/09/00232
Dated April 2, 2009
Name of the Applicant : Mr.Rajendra Kumar Saxena
Name of the Public Authority : Morarji Desai National Institute of
Yoga
Background
1. The Applicant filed an RTI application dt.22.9.08 with the CPIO, MDNIY. He
requested for the following information with regard to a note dt.15.6.07
written by Shri D.S.Malik, O.S addressed to him stating that for counting of
service from 30.11.1979 to 17.6.1985 rendered by the applicant in NTPC as
qualifying service in MDNIY was under consideration and that the proposal
was sent to the Ministry for examination:
i) To inform the No. & date of letter vide which the proposal was sent to
Ministry.
ii) To inform the action taken by MDNIY in this regard during the last 15
months
iii) Who has to expedite the matter – Ministry or the Institute
iv) To inform he direction of the Ministry in this regard, in response to the
institute’s letter
v) How many officials of MDNIY have been informed of their qualifying
service so far, since inception.
The CPIO replied on 8.10.08. With regard to points (i) to (iv), he
stated that the matter was referred to Dept. of AYUSH, M/o H &F.W. and the
same has not been acceded to by them and that the qualifying service in
respect of employees of MDNIY are as per the existing rule on the subject.
The Applicant filed an appeal dt.15.10.08 with the Appellate Authority
commenting on the information provided to him and stating that it is
incomplete, incorrect & misleading. The Appellate Authority replied on
18.11.08 providing further information based on the comments given by the
Applicant in his first appeal. Aggrieved with this reply, the Applicant filed his
second appeal dt.24.1.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for April 2, 2009.
3. Dr. I.N. Acharya, Program Officer (Yoga Therapy) & CPIO, Dr. I.V.
Basavaraddi, Director & Appellate Authority represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the CPIO has taken over charge recently and
that the staff is new to RTI. The Appellate Authority in his rejoinder dated
1.4.09 sent to the Commission stated that the mistakes pointed out by the
Applicant in his second appeal, specially with regard to dates, were made
inadvertently by him and that they were simply typographical mistakes and
that he deeply regrets these mistakes. On perusal of the documents
provided, the Commission found that all the information has been provided to
the Appellant. However, the Commission directs the CPIO to clarify the errors
made with regard to various dates as pointed out by the Appellant in the
second appeal, within 15 days of receipt of this Order.
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Rajendra Kumar Saxena
33/2076, Gokul Shah
Bazar Sita Ram
Delhi 110 006
2. Dr.Ishwar N.Acharya
The CPIO &
Programme Officer (Yoga Therapy)
Morarji Desai National Institute of Yoga
68, Ashok Road,
Near Gole Dak Khana
New Delhi 110 001
3. Dr.I.V.Basavaraddi
The Appellate Authority &
Director
Morarji Desai National Institute of Yoga
68, Ashok Road,
Near Gole Dak Khana
New Delhi 110 001
4. Officer in charge, NIC
5. Press E Group, CIC