Central Information Commission Judgements

Mrs. Adarsh Bhandari vs Govt. Of N.C.T. Of Delhi on 15 July, 2009

Central Information Commission
Mrs. Adarsh Bhandari vs Govt. Of N.C.T. Of Delhi on 15 July, 2009
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office),
                           Old JNU Campus, New Delhi - 110067.
                                  Tel: +91-11-26161796

                                                       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)