Central Information Commission
Anand Kumar Eslavath vs Mcd on 11 July, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/MCDND/A/2024/112566
Anand Kumar Eslavath .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Municipal Corporation of Delhi
Central Establishment Department
22nd Floor, Dr. S P Mukharjee Civic
Centre, J L Nehru Marg,
New Delhi-110002 ....प्रनर्वािीगण /Respondent
Date of Hearing : 02.07.2025
Date of Decision : 10.07.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 20.11.2023
CPIO replied on : 19.12.2023
First appeal filed on : 30.01.2024
First Appellate Authority's order : 23.02.2024
2nd Appeal/Complaint dated : 23.04.2024
Information sought:
1. The Appellant filed an (offline) RTI application dated 20.11.2023 seeking the following information:
"I am Dr. Anand Kumar Eslavath, of Delhi state and I am willing to get the following information which is related to your department. Please provide me Page 1 of 9 with the relevant information as per the norms under the RTI act. If you believe that this application is not related to your department then kindly transfer this to the department concerned under section 6(3) of RTI act-2005. If the information is in the hard copy, then I am ready to pay the prescribed fee (A4- 2Rs per copy). Please provide me the information about-
1. Kindly provide me with copies of yearly ST reservation register rosters- maintained, implemented of group A, B, C, D. in all departments of MCD, from Jan 2005 to 2023 (TIII date 20.11.23)
2. Kindly provide me with copies and Information in relation to the exercise done by your department according to the judgement dated 28.01.2022 of the Supreme Court of India in the case of Jarnail Singh and Ors. V. Lachhmi Narain Gupta and Ors. (Civil Appeal No. 629 of 2022 arising out of SLP (C) No. 30621 of 2011
3. Kindly provide me with an information and supportive copies policies adopted in relation to reservations in promotions of SC ST category of Group A, B, C, D
4. Kindly provide me with year-wise Inspection reports to ensure due compliance of the reservation orders of the Government, the Liaison Officers may periodically visit/ inspect the offices/organizations under them, as he should ensure that reservation rosters for these categories have been maintained properly without any gap in the entries made in the rosters. Liaison Officers shall carry out their duties in relation to reservation by calling for records from them and convening meetings with the officers of such organizations as are responsible for ensuring reservation policies in their respective organizations. If Liaison Officers of Ministries/Departments notice that reservation instructions are not being followed by any officers or complaint against any officer for harassment or deliberate manipulation of orders/instructions to harm the interests of the above-mentioned categories, are received they should feel free to report such lapses to the Secretary/ Additional Secretary of the Ministry/Department concerned without fear & hesitation of hierarchical disobedience.
5. Kindly provide me with orders/copies in relation to SC ST recruitment/vacancy sent to/ filled up through UPSC or DSSSB or any other regular recruiting commissions or boards or even through Contractual/Ad Hoc/etc...
6. Kindly provide me SC ST backlog lists prepared by your department from time to time.
7. Kindly provide me with information and copies of DPC/DSC or any other committee constituted along with SC ST Liaison Officer in it and measures taken by SC ST Liaison officer to correct any disparities or mala fide practices if any came to notice.
8. Kindly provide me with copies of any resolutions, special orders, approvals of higher authorities in relation to reservations in promotions.
9. Kindly provide with copies of measures taken by SC ST Liaison Officer, to protect SC ST officers/employees' rights, atrocities, harassments, etc. Page 2 of 9
10. Kindly provide me with names and details of SC ST liaison officers, their orders, their exercise, noting, measures taken during the appointment of Director-AYUSH, Adl. Director-Ayurveda/Homoeo/Unani from 2005 to 2023.
11. Kindly provide me with annual and interim meetings conducted, minutes of meetings by SC ST Liaison Officer, with all departments of MCD as per OM's.
12. Kindly provide me with an information, their names and supportive documents, in relation to any AYUSH, ST regular doctor Group A appointed as Director-AYUSH, Adl. Director- Ayurveda, Homoeo, Unani, OIPS or DHO(ISM)other sensitive, crucial posts for the last 50 years even during ISM and later nomenclature changed to dept of AYUSH.
13.Kindly provide me with information and Ayurveda doctors selected on their own merit, placed before general/unreserved category doctors and measures taken by SC ST Liaison officers to sustain their reservation status In promotions as per the OM No: (OM No. 36012/45/2005-Estt. (Res.) dated 10/08/2010) (OM No.36028/17/2001-Estt (Res.) dated 31/01/2005).(OM No.36028/17/2001-Estt (Res.) dated 11/07/2002)
14. Kindly provide me with an information and copies in relation to any SC ST officers appointed on his own merit in MCD from 2000-2023 if any and their further subsequent promotion order copies.
Please provide me with the details including the name, designation and email id of the first appellate authority as per the provision of RTI Act-2005."
2. The PIO/Admn. Officer (Estt.) furnished a reply to the Appellant on 19.12.2023 stating as under:
"1. The details are in a voluminous nature and the applicant has not shown any larger public interest involved in this question and would disproportionately divert the resources of the Public Authority (U/s 7(9)).
2. Department is following all the direction/instruction by the Hon'ble Court. However the question is not very much clear.
3. As far as Category "A" promotion is concerned there is no reservation. However for category "B" & "C" the department is following the reservation policies as per rule.
4. An SC/ST Liaison Officers was deputed by the department for any kind of litigation as per rule.
5. The details are in a voluminous nature and the applicant has not shown any larger public interest involved in this question and would disproportionately divert the resources of the Public Authority (U/s 7(9)).Page 3 of 9
6. The details are in a voluminous nature and the applicant has not shown any larger public interest involved in this question and would disproportionately divert the resources of the Public Authority (U/ 7(9))
7. No such information is available.
8. Department in following the reservation rule/guideline issued by the Central/Delhi Government.
9. Not pertain to this department
10. The details are in a voluminous nature and the applicant has not shown any larger public interest involved in this question and would disproportionately divert the resources of the Public Authority (U/s 7(9)).
11. Not pertain to this department
12. The details are in a voluminous nature and the applicant has not shown any larger public interest involved in this question and would disproportionately divert the resources of the Public Authority (U/s 7(9)).
13. As far as within Category "A" promotion is concerned there is no reservation in promotion.
14. The details are in a voluminous nature and the applicant has not shown any larger public interest involved in this question and would disproportionately divert the resources of the Public Authority (U/ 7(9))."
3. The PIO/DHO (HQ) MCD furnished a reply to the Appellant on 18.03.2024 stating as under:
"1. Not Applicable
2. No such information is available in this department
3. As per DOPT guidelines
4. No such information is available in this department.
5. The matter is under process
6. No such information is available in this department.
7. No such information is available in this department,
8. No such information is available in this department.
9. No such information is available in this department.
10. Does not pertain to Public Health Department.
11. No such information is available in this department.
12. Does not pertain to Public Health Department.
13. Does not pertain to Public Health Department.
14. No such information is available in this department."Page 4 of 9
4. The APIO/Hort./HQ-I/MCD furnished a reply to the Appellant on 05.04.2024 stating as under:
"1. The information sought under the RTI Act is not specific/clear.
2. Does not pertain to Horticulture Department, HQ
3. DOP&T guideline about the reservation may be consulted.
4. No such information/report available in Horticulture Department/HQ
5. The requisition of SO(Hort.) and ADH sent to DSSSB are being attached
6. No such list is available
7. Does not pertain to Horticulture Department/HQ
8. No such resolution/special orders available. However, reservation in promotion is being given as per extant rules framed by DOP&T
9. Does not pertain to Horticulture Department, HQ.
10. As above at 9
11. As above at 9
12. As above at 9
13. As above at 9
14. As above at 9."
5. Being dissatisfied, the appellant filed a First Appeal dated 30.01.2024. The FAA vide its order dated 23.02.2024, held as under.
"On going through the documents available in this department, the undersigned is in a view that the information as sought by the appellant through his RTI application has already been provided by PIO, CED, which is correct and as per the provisions contained in RTI Act, 2005. However, as desired by the appellant, it is directed to both PIO and SO-V to provide a revised reply to the appellant within 15 days from the issue of this Appellate Order. Accordingly, the appeal is disposed of."
6. In compliance of FAA's order the PIO furnished a revised reply dated 08.03.2024 to the appellant as under:
"In compliance of this department's Appellate Order No. FAA/CED/MCD/RTI- ID-546/2024/6615 dated 23.02.2024, the revised reply w.r.t. this department is as under:-
1. This department dealt with Group 'A" post only. However, as desired by the appellant during the hearing for rest of the information, a copy of your RTI is being forwarded herewith to all HoDs/CCAs so that requisite information may be provided to you at their end.
2. This department has just started the procedure for the same and will be intimated as and when implemented.Page 5 of 9
3. The said information comes under the jurisdiction of Liaison Officer nominated for the welfare of SCs/STS/PWDs and other backward classes.
Accordingly, a copy of your RTI is being forwarded herewith to the O/o The PIO, Liaison Officer so that requisite information may be provided to you at their end.
4. As desired by the appellant during the hearing, a copy of your RTI is being forwarded herewith to all HoDs/CCAs so that requisite information may be provided. to you at their end.
5. As desired by the appellant during the hearing for rest of the information, a copy of your RTI is being forwarded herewith to AYUSH department of MCD so that requisite information may be provided to you at their end.
6. As above.
7. The said information comes under the jurisdiction of Liaison Officer nominated for the welfare of SCs/STS/PWDs and other backward classes. Accordingly, a copy of your RTI is being forwarded herewith to the O/o The PIO, Liaison Officer so that requisite information may be provided to you at their end.
8. No such orders available with this department in material form.
9. The said information comes under the jurisdiction of Liaison Officer nominated for the welfare of SC/STS/PWDs and other backward classes. Accordingly, a copy of your RTI is being forwarded herewith to the O/o The PIO, Liaison Officer so that requisite information may be provided to you at their end.
10. As desired by the appellant during the hearing for rest of the information, a copy of your RTI is being forwarded herewith to AYUSH department of MCD so that requisite information may be provided to you at their end.
11. The said information comes under the jurisdiction of Liaison Officer nominated for the welfare of SCs/STS/PWDs and other backward classes. Accordingly, a copy of your RTI is being forwarded herewith to the O/o The PIO, Liaison Officer so that requisite information may be provided to you at their end.
12. As desired by the appellant during the hearing for rest of the information, a copy of your RTI is being forwarded herewith to AYUSH department of MCD so that requisite information may be provided to you at their end.
Page 6 of 913. The said information comes under the jurisdiction of Liaison Officer nominated for the welfare of SCs/STS/PWDs and other backward classes. Accordingly, a copy of your RTI is being forwarded herewith to the O/o The PIO, Liaison Officer so that requisite information may be provided to you at their end.
14. Copy enclosed."
7. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Ravi Shankar Prasad, APIO-cum-Section Officer, attended the hearing in person.
8. The Appellant stated that in respect of Point No. 1, 3 to 7, 9 to 13 of the RTI Application, he has not received the relevant information from the transferee PIOs'. With respect to point No. 14 of the RTI Application, he apprised the Bench of the fact that he has not received any enclosure from the Respondent.
9. The Respondent submitted that the information sought by the Appellant in the instant RTI Application is scattered among different offices and therefore, the then PIO in compliance with the direction passed by the FAA has transferred the RTI points to the concerned departments vide letter dated 08.03.2024.
10. The Commission interjected and remarked the Respondent that in terms of para 3 (iii) of DoP&T OM No. 10/2/2008-IR dated 12th June 2008, the PIO is not supposed to transfer the RTI Applications to different offices and it is the responsibility of the Appellant to file separate RTI Applications to different offices to obtain such scattered information. Since the then PIO has invoked Section 6 (3) of the RTI Act, it is now the responsibility of their office to obtain the information from different offices by invoking the provisions of Section 5 (4) of the RTI Act and furnish it to the Appellant.
Page 7 of 911. A written submission has been received from Shri Vijay Pandey, PIO-
cum-Administrative Officer, vide letter dated 16.06.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"In compliance of Hon'ble CIC's Letter No. CIC/MCDND/A/2024/112566 dated 10.06.2025, the submission of Central Establishment Department (CED), Municipal Corporation of Delhi is as under:-
(a) That, Shri Anand Kumar Eslavath, the appellant, had filed an RTI application dated 20.11.2023, received in this department on 24.11.2023 (Annexure 'A').
(b) That, this department timely responded with the point wise reply to the appellant vide letter No- PIO/AO(Estt)/CED/MCD/DA-RTI-ID-546/2023/5529 dated 19.12.2023. (Annexure 'B').
(c) That, on not being satisfied with the information provided by this department, the appellant filed an appeal before the First Appellate Authority and he was heard on 22.02.2024 and an appellate order was issued vide letter No-6615 dated 23.02.2024 (Annx 'C'), followed up by compliance vide department's letter No-PIO/AO(Estt)/CED/MCD/DA-RTI-ID-546/2024/7037 dated 08.03.2024 (Annx 'D').
(d) Further, in response to appeal dated 30.01.2024 filed by the appellant, to the Hon'ble CIC that the information provided by the then PIO and revised reply dated 08.03.2024 seems to be not out of order."
Decision:
12. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the then PIO has ignored the DoP&T OM No. 10/2/2008-IR dated 12th June 2008 and has transferred Point Nos. 1, 3 to 7 and 9 to 13 of the RTI Application to different offices vide letter dated 08.03.2024. As per available record file, no reply has been provided to the Appellant by the transferee PIOs'. Now, the onus of replying to Appellant is on the transferring PIO. Therefore, Shri Vijay Pandey, PIO-cum-Administrative Officer, is directed to obtain the information from different offices by invoking the provisions of Section 5 (4) of the RTI Act and furnish it to the Appellant, within four weeks from the date of receipt of this order. Information which are exempt under the RTI Act may be redacted/severed.
Page 8 of 913. With respect to Point No. 14 of the RTI Application, Shri Vijay Pandey, PIO-cum-Administrative Officer, is directed to re-send the relevant enclosure to the Appellant, within four weeks from the date of receipt of this order.
14. The FAA to ensure compliance with the above directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Municipal Corporation of Delhi, Central Establishment Department, 22nd Floor, Dr. S P Mukharjee Civic Centre, J L Nehru Marg, New Delhi-110002 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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