Smt. Rita Chatterjee vs New Delhi Municipal Council on 13 July, 2009

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Central Information Commission
Smt. Rita Chatterjee vs New Delhi Municipal Council on 13 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/2009/001369/4100
                                                            Appeal No. CIC/SG/A/2009/001369
Relevant Facts

emerging from the Appeal:

Appellant                            :      Smt. Rita Chatterjee
                                            4-B, DDA Flats,
                                            Tamoor Nagar,
                                            New Friends Colony,
                                            New Delhi-110065.

Respondent                           :      Mr.S.C.Kaushik
                                            RTI (Education) & PIO
                                            New Delhi Municipal Council
                                            (Education Department)
                                            Palika Kendra, New Delhi

RTI application filed on             :      17/09/2008
PIO replied                          :      31/10/2008
First appeal filed on                :      17/11/2008
First Appellate Authority order      :      Not replied
Second Appeal received on            :      27/02/2009

Sr.            Information sought                                     PIO's reply
1. Is it true that as on date on procedurally       As per available records, it has been found out
    valid Recruitment Rules for the post of         that during the year 2003, approval was taken
    Principal Aanchal, duly approved by the         from the Chairperson, SKS, for filling up of
    Governing Body, Samaj Kalyan Samiti             various vacant posts in Aanchal School and
    exist?                                          other Samaj Kalyan Samiti institutions. This

approval included pay scale, educational
qualification and experience for these posts.

2. If the statement at (1) above is not correct The administrative approval for the
furnish the date, month and year in which notification of the various vacant post in SKS
valid Recruitment Rules for the Principal, including Principal Aanchal as stated in 1
Aanchal’s post came into force. above was approved by the then Chairperson,
SKS on 31/07/2003.

3. Furnish the Resolution number and date on Not available on record.

which the resolution in support of the RRs
at (2) above was approved by the
Governing Body, Samaj Kalyan Samiti.

4. Furnish a copy of the notings duly Copy of relevant record had already been
authenticated proposing the complete provided.
recruitment rules as at (2) above and the
approval of the Chairperson, Samaj Kalyan
Samiti, NDMC of the said notings.

5. Whether the claimed recruitment rules, if There is no provision for departmental
any, as at (2) above also contain provisions promotion bases on seniority cum fitness as
for departmental promotional bases on against selection as direct appointee to the
seniority cum fitness (as against selection post of Principal.
as a direct appointee to the Principal’s post)
applicable to departmental candidates
within NDMC. If so, specify the minimum
length of qualifying service of departmental
candidates, their category and
corresponding educational and other
qualifications, the specific departments and
the specific names/designations of the posts
etc. as providing in the said recruitment
rules.

6. With reference to (2) above does the Samaj The qualification as mentioned above is only
Kalyan Samiti have any other document one available on record. The copy of RRs
other than a partly typed and partly and administrative approval of the
handwritten draft advertisement for Chairperson, SKS.S
newspapers prepared in the year 2003 to
claim as RRs for Principal, Aanchal’s post.
If so, furnish a copy of the alternative
document, duly authenticated.

Grounds for First Appeal:

Order of the First Appellate Authority:
Not replied.

Relevant Facts emerging during Hearing:
The following were present:

Appellant: Smt. Rita Chatterjee
Respondent: Mr.S.C.Kaushik, PIO
The PIO admits that thee are no recruitment rules for the post of Principal Aanchal School for
Special Children so far. The PIO is directed to give this information to the appellant in writing.

Decision:

The appeal is allowed.

The PIO will give the information mentioned above before 30 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
13 July 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)

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