In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/001455
Date of Hearing : October 25, 2011
Date of Decision : October 25, 2011
Parties:
Applicant
Ms.Usha Mann
R/o 13B, Super Deluxe Flats
Sec15A
Noida 201 301
The Applicant was present during the hearing
Respondents
Home Department
Govt. of NCT of Delhi
5h Floor
Delhi Secretariat
ITO
New Delhi
Represented by : Shri M.A.Ashraf, Jt.Secretary (Home)
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/001455
ORDER
Background
1. The Applicant filed an RTI Application dt.30.8.11 with the PIO, Home Department, GNCTD seeking
documents and also permission to inspect certain files dealing with her promotion case ( numbers
indicated in the RTI application) against seven points. On not receiving any reply, she filed a
complaint dt.7.10.11 before CIC.
Decision
2. During the hearing, the Respondents submitted that information has been provided on 30.9.11 which
the Appellant admitted to having received on 12.10.11. The Respondents stated that out of the
seven files against point (a) five files are under submission to Directorate of Vigilance. They further
submitted that the files had been further sent to office of the Chief Secretary. The Appellant refuted
this statement by stating that her files were sent to the Directorate of Vigilance only after the Public
Authority had received her RTI application, on 5.9.11 in an effort to harm her promotional chances.
She added that no information has been provided to her even after the file mentioned against point
(a)(vii), was returned to the Public Authority by the Directorate of Vigilance on 16.9.11.
3. The Respondents at this stage pointed out that they have already initiated action with regard to the
promotion of the Appellant and that in this connection, a new file, after taking on it the approval of the
LG to include the Appellant’s name in the promotion list , had been sent to the vigilance for their
clearance. They further added that the vigilance had made certain observations after which the file
has been sent to the Chief Secretary who is also the Chief Vigilance officer, for his final decision on
the matter.
4. The Appellant who was informed about the present status of her promotion case for the first time,
during the hearing, decided not to pursue the matter in the RTI application until such time that she
receives the Chief Secretary’s final decision. Since according to the Respondents the final decision is
expected to be taken within a week, the PIO may provide all the information sought by the
Appellant within 15 days of the issuance of the final decision by the Chief Secretary, irrespective of
whether the decision is in favour of the Appellant or not..
5. The Commission also directs the PIO to show cause as to why the five files mentioned in the PIO’s
reply dt.30.9.11 had been forwarded to Directorate of Vigilance after they had received the RTI
application . The PIO to also inform in his explanation the date of receipt of the file mentioned
against point (a)(vii) from the Directorate of Vigilance. He is directed to submit his written response
to the Commission, with a copy to the Appellant by 1.12.11.
6. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms.Usha Mann
R/o 13B, Super Deluxe Flats
Sec15A
Noida 201 301
2. The Public Information Officer
Home Department
Govt. of NCT of Delhi
5h Floor
Delhi Secretariat
ITO
New Delhi
3. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving
(1) copy of RTIapplication, (2) copy of the Commission’s decision, and (3) any other documents which he/she
considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what
information has not been provided.