Central Information Commission Judgements

Smt.Kamini vs Mcd, Gnct Delhi on 24 March, 2011

Central Information Commission
Smt.Kamini vs Mcd, Gnct Delhi on 24 March, 2011
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                                                                   Decision No. CIC/SG/A/2011/000183/11636
                                                                           Appeal No. CIC/SG/A/2011/000183
Relevant Facts

emerging from the Appeal:

Appellant                              : Ms. Kamini
                                         H. no. - 14B, A-2B,
                                         M.I.G. DDA Flats, Paschim Vihar,
                                         New Delhi - 110063

Respondent                             : Mr. O. P. Yaduvanshi
                                         PIO & Dy. Director
                                         Municipal Corporation of Delhi
                                         Education Department
                                         West Zone, Vishal Enclave,
                                         Rajouri Garden, Delhi

RTI application filed on               : 08-09-2010
PIO replied                            : 21-10-2010
First appeal filed on                  : 18-11-2010
First Appellate Authority order        : 03-01-2011
Second Appeal received on              : 17-01-2011

RTI application made to Commissioner MCD, transferred to DEO, West Zone.
S.No Information sought by the appellant Reply of the PIO

1. When was the applicant employed as a teacher by the There is no record of this nature in the West Zone
Education Department, MCD? By what order number Education Department. The applicant can visit the
and which panel number? What was the nature of the office on any working day during working hours and
employment? She was employed against which examine her service record if she so wishes.
vacancy? When were these vacancies announced?

When was the list of Selected Candidates announced?
Where was the applicant positioned on this list?

2. Where all has the applicant joined as a teacher during Same as above.

the course of her employment and on what basis did
she join these positions. Attested copies of the
joining reports.

3. When was her first appointment made, in which As per record, she was first appointed on 16-03-1998
school and in which zone? at B-3, Raghuvir Nagar -11, West Zone.

4. When was her probation period cleared and by which There is no record of this nature in the West Zone
order no.? Education Department. The applicant can visit the
office on any working day during working hours and
examine her service record if she so wishes.

5. Since the date of her employment up to the date of the Same as above.

RTI application, where all has the applicant worked,
during which periods, in what departments at which
positions, in which zones and in which schools?

6. Reasons be given for the delay and error committed in School teachers are appointed by the Head Office. For
the appointment of the applicant as a teacher in the the seniority list, the applicant can visit the Regional
Education Department, MCD. Also, why has he Office and examine the same. The salary amount can
applicant not been given her seniority and salary from be obtained by presenting the Salary Slip made at the
the due back date. school level in the Accounts Department.

7. Seniority number of the applicant. Applicant can visit the Zonal Office on any working
day and inspect the Seniority List.

First Appeal:

Documents requested were not made available. Fabricated and incomplete Service Book and Personal File
were presented when she visited the DEO’s office to examine records on 09-11-2010. Various data, facts,
details, documents, orders, notices, communications associated with her employment were not found on
record.

Order of the FAA:

Appellant advised to inspect record on 06-01-2011 from 3.00 PM to 5.00 PM and to acknowledge the same.
PIO was directed to get the record inspected and provide the applicant the information/photocopies, as
sought by her on the said date and time.

Ground of the Second Appeal:

Incomplete and incorrect information.

Appellant visited office at 3:05 pm on appointed date. She was only let in around 4:50 pm . Once again
fabricated and incomplete records were presented. The appellant claims that Mr. Yaduvanshi told her that
the seniority list was not available at the office and that she had been called there only so that her life could
be ruined. The PIO in his written reply had informed her that she could examine the Seniority List in the
office.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Ms. Kamini;

Respondent : Ms. Krishna Sharma, DDE on behalf of Mr. O. P. Yaduvanshi, PIO & Dy. Director;

The Appellant has been given all the information available on the records and also been given
inspection of all the relevant records. The Appellant appears to have certain grievances for which she will
have to approach an appropriate forum.

Decision:

The Appeal is disposed.

The information available on the records has been provided.
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
24 March 2011
(In any correspondence on this decision, mention the complete decision number.) (AP)