Mrs.Sheela Devi vs Delhi Fire Service on 23 March, 2011

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Central Information Commission
Mrs.Sheela Devi vs Delhi Fire Service on 23 March, 2011
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                         Decision No. CIC/SG/A/2011/000165/11618
                                                                 Appeal No. CIC/SG/A/2011/000165

Relevant Facts

emerging from the Appeal:

Appellant                            :      Smt. Sheela Devi,
                                            Gali no. 4, Jeevan Vihar,
                                            Davru Road, Sonepat, Haryana

Respondent                           :     Mr. S. Kumar Thakur
                                           PIO & Administrative Officer,
                                           Delhi Fire Service HQ
                                           Govt. of NCT Delhi,
                                           Connaught Place
                                           New Delhi - 110001

RTI application filed on             :      27-10-2010
PIO replied                          :      25-11-2010
First appeal filed on                :      02-12-2010
First Appellate Authority order      :      28-12-2010
Second Appeal received on            :      12-01-2011

Information sought:

1. Complete detail of explanation and report of entry at dispatch/serial no. 335 & 356 in dispatch
register of Teliwara Fire Station.

2. Complete detail of explanation and report if any of entry at dispatch/serial no. 30.

3. Complete detail of explanation with reply of entry at dispatch/serial no. 20.

4. Copy of application along with complete office noting papers with respect to entry at
dispatch/serial no. 192.

5. Complete detail regarding absence of SO BK Sharma along with office noting papers and
report regarding dispatch /serial no 7.

Reply of the PIO:

Not received till filing of First Appeal.

1. Memo 335 was issued to FO 47/59 Sunil Kumar in connection with negligence in his duty
(Unauthorized entry in O.B.) The memo (365) issued to FM 194/56 Surendra Kumar in
connection with making unauthorized entry in O.B.

2. Dispatch no. 30 dated 28-4-2007 and dispatch no. 350 dated 25-3-2007 correspond to same
memo, as the previous could not be delivered to the addressed, accordingly the later was given
by changing the previous dispatch no. and date.

3. Memo (20) dated 23-4-2007 was given to FO 47/59 Sunil Kumar in respect to carelessness in
his duty (i.e. unauthorized entry in the OB)

4. Dispatch no. 192 clearly indicates that the papers were forwarded to DO and the papers were
not sent back to the TW Fire Station. Record is not available.

5. Application of FM-194/56 Surender Kumar received in this office from O/C T.Wara as
mentioned at point number 4 of reply filed by O/C T.Wara dated 8-11-2010 was forwarded to
CFO-II (then DCFO-II) by dispatch no. 402 dated 11.9.2007 for necessary action.

First Appeal:

Information not received by appellant.

Order of the FAA:

Found that PIO had sent the reply on 25-11-2010 at the address mentioned in the application. In the
interest of justice, ordered another copy of the reply to be sent to her at the address on record.

Ground for Second Appeal:

– Incomplete and incorrect information on points 1,4 &5.

Relevant Facts emerging during Hearing:

The following were present
Appellant: Mr. Surendra Kumar representing Smt. Sheela Devi;
Respondent: Mr. S. Kumar Thakur, PIO & Administrative Officer; and Mr. Manish Kumar, Station
Officer;

The PIO has given most of the information. However the following deficiencies are being
recorded:

1- Query-1: The Appellant states that he has not been given memo no. 356 issued on
25/03/2007. The PIO states that this was not received by the Appellant hence the same was
given in dispatch no. 30 on 28/04/2007 which has been given to the Appellant. On this
memo the date of 25/03/2007 and 28/04/2007 are both mentioned.
2- Page no. 11 of the service book of the appellant where it has been mentioned that “Absence
w.e.f. 10/08/2007 to 10/09/2007 to be regularized by CFO as per BC Message no. 36868
dated 10/09/07 pending department proceedings”. The PIO is directed to give an attested
photocopy of this page to the Appellant.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information only on point-2 as described above
to the appellant before 05 April 2011.

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
23 March 2011
(In any correspondence on this decision, mention the complete decision number.) (SK)

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