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Decision No. CIC/SG/A/2009/001765/4786
Appeal No. CIC/SG/A/2009/001765
Relevant Facts
emerging from the Appeal
Appellant : Mr. Taj Mohammad
C/o Rajeev Sharma
H. No. E/358 (A), Mandir Marg,
Chhajjupur,
Shahdara, Delhi – 110032.
Respondent 1 : Mr. Sameer C. Minz
Public Information Officer (HQ)
Directorate of Education
RTI Cell, Room No. 252, Old Secretariat,
Delhi – 110054.
Respondent 2 : Public Information Officer
HOS
Anglo Arabic Sr. Sec. School
Ajmeri Gate, Delhi – 110006.
RTI application filed on : 13/05/2009 PIO replied : 08/06/2009 First appeal filed on : 16/06/2009 First Appellate Authority order : 13/05/2009 Second Appeal received on : 20/07/2009 Information Sought: i) Copy of the letter by which the post has made vacant for DPC on 24/07/2009
while an employee had already been appointed for the same post.
ii) Copy of the rule which has the provision and empowers the DPC that if a
person has been recruited for the post then on the same post someone can
again be employed without removing the original employee who has been
appointed initially.
iii) Copy of the order by which the decision to give provisional promotional to
Mr. Ahlullah Siddiqui had been delivered while before the Delhi High Court,
the School Administration, in its statement on 13/12/2007, had admitted to
consider the claim of Mr Fazal Hasan.
iv) Reason for not considering the claim of all the claimants of zone of
consideration and copy of the rule on which DE’s Nominee had signed
without showing it to the all the Claimants.
v) Copy of the rule according to which the DE’s nominee gave the Provisional
Promotion instead of finalizing two DPC i.e. Regular DPC and Review DPC.
vi) Copy of the rule according to which the DE’s nominee defied the decision of
Revision of Seniority List.
vii) Certified copy of the order of the Delhi School Tribunal in which the appeal
of the School had been disposed off and it had been stated that the decision in
regard of Seniority and Promotion was wrong.
viii) Copy of the order/rule which empowers the DE’s nominee to overrule the
decision delivered by the Tribunal.
ix) Details of the rule under which the order of the DST was taken into
cognizance.
x) Certified copy of the documents or action taken report on the application of
the Appellant which had been received in the office of DE’s nominee vide
diary no. 822 dated 27/03/2008.
xi) Whether any action had been taken by the DE’s nominee against the
promotion which had been done without approval for the extension. If so then
copy of the certified documents which shows such action taken.
xii) Certified copy of the rule and documents which clarifies rule, states and
conditions of Provisional Promotion.
Reply of the PIO:
The PIO(HQ)/Dte. Of Edn. Had transferred the original application of the Appellant to
PIO(Act) on 14/05/2009.
Ground of First Appeal:
Non-receipt of information from the PIO.
Order of the FAA:
The FAA in its order observed that the PIO (HQ) would have sought the required
information from the ADE (Estate) instead of transferring it to Act Branch as the
information has been sought from the latter PIO. Further the FAA said that since the
application has been transferred to DDE (Central)/PIO, therefore appeal did not lie with
the Addl. D.E. (Act). The FAA then suggested the Appellant to file his First Appeal
before the concerned FAA.
Ground of the Second Appeal:
Non-compliance of the order of the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Taj Mohammad
Respondent : Mr. H.S.Choudhary (PIO)
The PIO of the Anglo-Arabic Senior Secondary School, Ajmeri Gate is directed to
provide the information about the action taken on the representation of Mr. Taj
Mohammad which was sent on 14/05/2009 by Mr. V.C.Pachaouri. In case no action is
taken this will also be stated.
Decision:
The Appeal is partially allowed.
The PIO of the Anglo-Arabic Senior Secondary School, Ajmeri Gate is directed to
provide the information about the action taken on the representation of Mr. Taj
Mohammad which was sent on 14/05/2009 by Mr. V.C.Pachaouri. In case no action is
taken this will also be stated. The information be provided to the Appellant before 25
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)