CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001076/13035
Appeal No. CIC/SG/A/2011/001076
Relevant Facts
emerging from the Appeal
Appellant : Smt. Kamlesh
C/o Sathi(NGO)
Second Floor B,
1751 – 53 Jahangir Puri
Delhi- 33
Respondent : Dr. Sanjay Kumar
Public Information Officer & CMO
Govt. of NCT of Delhi
Babu Jagjivan Ram Memorial Hospital
Office of the Medical Superintendent
Jahangir Puri, New Delhi
RTI application filed on : 06-12-2010
PIO’s reply : 20-12-2010
First appeal filed on : 03-01-2011
First Appellate Authority order : 01-02-2011
Second Appeal received on : 20-04-2011
Sl. Information sought by the appellant Reply of the PIO
1. Give details of the services for which workers are put on duty on Workers are put on duty for the following
the basis of tender. services on tender basis:
1. Cleaning
2. Nursing Orderly
3. kitchen
4. Laundry
5. O.P.D registration
2. How many workers are put on duty in each department on basis of Duty is put on requirement basis and
tender? Give its list. information cannot be given according to
the sec 8(1)(j) and 8(1)(d).
3. How many stable, unstable and appointed on tender basis fourth Information cannot be given according to
grade workers are there? and Give the attested copy of monthly the sec 8(1)(j) and 8(1)(d).
attendence register for the year 2008-09 and 2009-10.
4. Give the copy of receipt of ESI and EPF for the year 2008-09 Information cannot be given according to
& 2009-10 of the workers appointed on tender basis. the sec 8(1)(g), 8(1)(j) and 8(1)(d).
5. Give the copy of worker’s contribution in ISI & IPF by the Information cannot be given according to
workers appointed on tender basis for the year 2008-09 & the sec 8(1)(g), 8(1)(j) and 8(1)(d).
2009-10
6. Give the attested copy of ledger of salary allowance and Information cannot be given according to
payment of item by item facilities provided to fourth grade the sec 2(f)
workers appointed on tender basis.
7. Give the attested copy of ledger of bills and payment of The ledger is not made for payment.
fourth grade workers appointed on tender basis. Therefore, Information cannot be given
according to the sec 2(f) and 8(1)(j)
Grounds of the First Appeal:
Information provided is unsatisfactory.
Order of the FAA:
Information given by PIO is correct.
Grounds of the Second Appeal:
Information provided is unsatisfactory.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. S. K. Pandey representing Smt. Kamlesh;
Respondent: Dr. Suresh Seth, DMS on behalf of Dr. Sanjay Kumar, PIO & CMO;
The PIO has provided some information but is now directed to provide the following
information which he had not provided earlier.
1- Query-2: List of the workers.
2- Query-3: copy of the attendance registers. For any attendance register that may be lost a
police complaint will be filed and copy of the complaint will be given to the Appellant.
3- Query-4 & 5: The respondent states that this information is not available with the public
authority and that it is not kept by them.
4- Query-6: The names of the class-4 employees and the amount of emolument paid to him.
5- Query-7: The copies of the bills will be provided after blanking out the pan numbers.
The PIO is warned not to merely quote Section 8(1) to refuse information but to give reasons as to
how the disclosure of information is exempt.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information on the five points as described
above to the Appellant before 10 July 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 June 2011
(In any correspondence on this decision, mention the complete decision number.) (AA)