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Decision No. CIC/SG/A/2009/001400/4140
Appeal No. CIC/SG/A/2009/001400
Relevant Facts
emerging from the Appeal:
Appellant : Mrs. Adarsh Bhandari
B-87/2, Naraina vihar
New Delhi-110028.
Respondent : Ms. Satinder Kaur
DDE(SW-A) & PIO
Govt. of N.C.T. of Delhi
Office of the Dy. Director of Education
Distt. South-West ‘A’, C-4, Vasant Vihar,
New Delhi-110057.
RTI application filed on : 18/03/2009
PIO replied : 15/04/2009
First appeal filed on : 27/04/2009
First Appellate Authority order : 01/05/2009
Second Appeal received on : 03/06/2009
Sl. Information sought PIO's reply
a. Whether there is a There is no mechanism/system/procedure for
mechanism/system/procedure whereby cases for automatically processing the cases for grant
consideration/grant of Selection Scale/ACP are of Selection Scale/ACP Cases. The HOS
automatically processed and sent to ACP Cell concerned has to furnish all the
and upon receipt of the decision from ACP Cell, relevant/requisite documents to Distt. For
the person concerned is informed of same. onward submission to ACP Cell as and when
such cases are required for consideration by
ACP Cell.
b. Appellant’s appointment as TGT effective So far as para 4(b) is concerned, the
21.11.1974 through MCD quota (to be treated Appellant has not sought any information.
as direct recruit), whether the Appellant is
eligible for grant of both-either Selection Scale
effective 21.11.1998 (to be considered under
Administrative Cadre) or 2nd ACP effective
21.11.1999, whichever is beneficial to him.
c. If information to para (b) is in the affirmative Information not be furnished as information
and referring to the letter dated 10.02.2009, in Para 4(b) above is not in affirmation.
under copy to ADR(Admn), whether the
policies provide for sending both the cases for
Selection Scale as well as 2nd ACP
simultaneously to ACP Cell for decision. If so,
whether both the cases for Selection Scale and
2nd ACP have been sent to APC Cell
simultaneously to avoid rotating the case
between the two different desks at ACP Cell
through the officer. The Appellant is seeking
this information, as it has already taken more
than three years n rotating the case between two
different desks at ACP Cell through the office
and in the process giving incorrect information
to the Appellant and he getting the same
corrected through RTI.
d. Photocopy of the letter vide which had sent the The Selection Scale folder of Smt.Adarsh
case to ACP Cell as a result of the letter dated Bhandari has been sent to ACP Cell vide file
10.02.2009. Inform about the status of same to movement NO. 84-F/Admn./SW-A dated
the Appellant. 11/02/2009.
e. At the time of promotion effective 06 It is not information to be furnished by the
November, 2004 as PGT(Sanskrit), whether the Distt.
Appellant is entitled to financial benefits under
Rule FR.22.1(a)1 or any other rule, since the
PGT position carries duties and responsibilities
of greater importance than the previous position
of TGT.
Grounds for First Appeal:
Refusal of complete information from the PIO.
Order of the First Appellate Authority:
“PIO(SW-A) should provide the correct information within 10 days.”
Grounds for Second Appeal:
Non-compliance of the order of FAA by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Bhandari representing Mrs. Adarsh Bhandari
Respondent: Ms. Satinder Kaur, PIO(SW-A)
The Appellant had not sought information in most of her queries. The PIO will give a photocopy
of the noting which was sent to the ACP Cell on 11/02/2009 vide file movement
no.84-F/Admin/SWA.
Decision:
The appeal is allowed.
The information described above will be provided to the Appellant by the PIO before 23 July
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 cost as per Section 7(6) of
RTI Ac.
Shailesh Gandhi
Information Commissioner
15 July 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)