CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002231/9520
Appeal No. CIC/SG/A/2010/02231
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Rakesh Kumar
s\o Rohtash Singh
House no. WZ 124 Naranaina
Village New Delhi -110028
Respondent : Dr. A. K. Bansal
Public Information officer & Dy. Health Officer
Municipal Corporation department
Health Department
West Zone, Rajouri Garden,
New Delhi- 110027
RTI application filed on : 27/04/2010
PIO replied : 28/04/2010
First appeal filed on : 28/05/2010
First Appellate Authority order : 09/07/2010
Second Appeal received on : 09/08/2010
Information sought Reply of the PIO
1. Normal duty hours per day for night & day 1. As per order no. LWD/95/3153 date 16-02-1995 being
chowkidar followed in this unit as per our requirement from 5 pm to 9am
ie 16 hours, intermitted essential duty is being taken from the
chowkidar per day. There is no weekly off and for which Rs.
360 is paid as allowance monthly as mentioned in this order.
2. No. of days of rest per month for night and 2. As per the above orders , nature of duty is intermitted
day chowkidar essential. No weekly rest given to those receiving allowance of
Rs. 160 per month.
3. Maximum no. of overtime hours per month 3. No provision for overtime as per the same order as
for night & day chowkidar allowance is being paid.
4. Overtime allowance per overtime hour for 4. No overtime allowance applicable in this case.
night & day chowkidar.
5. Pay scale for night & day chowkiadr. 5. Pay scale og group D, chowkidar in SHS, west zone under
CCS(RP) rules 2006 is as follows: Pay Band 4440-7440 ,grade
pay 1600, and other allowances is applicable.
6. Maximum compensatory leaves for working 6. No compensarty leave given only allowance as per order no.
on Sundays\holidays for night & day . LWD/95/3153 date 16-02-1995 is being given to the
chowkidar. employee.
7. No. of casual leaves per year for night & day 7. Query does not pertain to this office
chowkidar.
8. No. of national holidays with dates per year 8. Query does not pertain to this office
for night & day chowkidar.
9. No. of choice holidays per year for night & 9. Query does not pertain to this office
day chowidar.
Grounds for the First Appeal:
Incomplete information furnished by the PIO.
Order of the First Appellate Authority (FAA):
FAA directed the PIO to furnish the details within 3 weeks time to the appellant from the date of issue
of the order.
Grounds for the Second Appeal:
Unsatisfactory reply of the PIO even after the directions of the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Rakesh Kumar;
Respondent: Dr. A. K. Bansal, Public Information officer & Dy. Health Officer;
Dr. Jayant Kumar, DHO(S), School Health Services Dispensary, F-Block, Rajouri
Garden, New Delhi;
The respondent has provided adequate information and the FAA has ordered that certain
interpretation and clarifications need to be given which has lead to a lot of contradictory information
been provided by the different people. The PIO affirms that the order no. LWD/95/3153 dated
06/02/1995 is being followed in the instant case. Certain information has not been provided by the
respondent and is directed to provide the following information:
1- Query-7, 8 & 9 have not been answered. The information regarding these will be provided
with the supporting documents. If there are no documents based on which decisions are
taken on queries 7, 8 & 9 this should be stated.
Decision:
The Appeal is allowed.
The PIO is directed to give the information as directed above to the appellant
before 15 October 2010.
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
28 September 2010
(For any further correspondence on this matter, please mention the file number quoted above.) (VK)