Central Information Commission
Virender Singh Churiyana vs South Delhi Municipal Corporation ... on 8 August, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या/Second Appeal No. CIC/SDMCS/A/2019/123006
CIC/SDMCN/A/2019/123007
Shri Virender Singh Churiyana ... अपीलकता /Appellant
VERSUS
बनाम
PIO/AC-DEMS (HQ), SDMC, SDMC Office ... ितवादीगण /Respondents
Complex, DR/BR Ambedkar Stadium,
Delhi-110002
PIO/SDMC, DEMS/Deptt., Najafgarh Zone,
Near Dhansa Stand, Najafgarh,
New Delhi-110043
Through: Shri Sudhir Mehta, Suptdg.
Engineer-DEMS present through audio
conference
Date of Hearing : 05.08.2020
Date of Decision : 08.08.2020
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on filed on
123006 05.11.2018 Nil 07.03.2019 02.05.2019 15.05.2019
123007 06.12.2018 02.01.2019 07.03.2019 02.05.2019 15.05.2019
05.03.2019
(1) CIC/SDMCS/A/2019/123006
Information soughtand background of the case:
The Appellant filed an RTI application dated 05.11.2018 seeking information on the following 6 points:
1. Provide list of daily wage sanitary workers of all the four zones of SDMC who were appointed after 31.03.2003 on compassionate grounds and have not been regularized till date.Page 1 of 4
2. Provide list of daily wage sanitary workers of all the four zones of SDMC who were appointed after 31.03.2003 on humanitarian grounds and have not been regularized till date.
3. Provide seniority list of daily wage sanitary workers appointed on compassionate grounds by SDMC after 31.03.2003.
4. Provide seniority list of daily wage sanitary workers appointed on humanitarian grounds by SDMC after 31.03.2003.
5. Provide a list of sanitary workers appointed by DEMS/SDMC on regular basis under 5% quota of compassionate and humanitarian grounds after 31.03.2003.
6. Provide all the information in Hindi.
Having not received any reply from the PIO, Appellant filed a First Appeal dated 07.03.2019. FAA vide order dated 02.05.2019 directed the PIO/AC/DEMS to provide information as available in DEMS (HQ) to the Appellant within a period of 10 days.
In compliance of the FAA order, PIO/AC/DEMS furnished a point-wise reply to the Appellant vide letter dated 03.05.2019.
Feeling aggrieved as dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone. He stated that he is not satisfied with the information provided by the PIO because the list was not in the format as asked in the RTI Application i.e., the appointment order of the concerned employee, his/her joining date etc. Respondent is represented by Shri Sudhir Mehta, PIO/Suptdg. Engineer-DEMS through audio conference. He submitted that the names of the daily wage employees/safai karamcharis engaged on compassionate grounds in SDMC after trifurcation was provided to the Appellant as per South, Central, West and Najafgarh Zones.
Appellant interjected to state that in connection with the information sought at point no. 1 of the RTI Application, he has received the relevant information from Najafgarh Zone for the period 2003 to 2018 but has yet to receive the said list of daily wage employees engaged on compassionate grounds from West, Central and South Zone. He further stated that he has not received any information sought at points no. 2, 3, 4 and 5 of the RTI Application till date.
PIO in response to Appellant's question submitted that their office does not have any records because after the trifurcation of MCD into three new bodies i.e., North DMC, South DMC and East DMC, all the records for the period prior to 2012 is available with the North DMC.
Appellant intervened to state that in another Court case filed against the Respondent at CAT and High Court of Delhi, the Respondent has filed an affidavit Page 2 of 4 deposing that the Appellant has been engaged on humanitarian grounds and that he will be regularized as per the seniority list whereas now the PIO is stating that no seniority list is available with them, which is contradictory in nature.
In response to the Appellant's query, PIO submitted that the Appellant was engaged on 2006 and regularization of employees has been made till 2003 only and after that the seniority list has been prepared till 2004.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, Commission observes that the Respondent has not provided complete information to the Appellant as sought in the instant RTI Application. Hence, the Commission directs Shri Manoj Kumar, PIO/AC-DEMS-HQ to provide a specific and revised reply to the Appellant clearly stating the year up till which regularization has been done and seniority list prepared, with a copy marked to the Commission before 31.08.2020, failing which action will be initiated against the PIO as per the provisions of the RTI Act.
(2) CIC/SDMCN/A/2019/123007 Information sought and background of the case:
The Appellant filed an RTI application dated 06.12.2018 seeking information on the following 5 points:
1. Provide a copy of phase manner policy.
2. Provide copy of policy under which daily wage sanitation workers appointed on compassionate grounds are regularized.
3. Provide the ground on which daily wage sanitation workers appointed by DEMS/SDMC on compassionate grounds after 31.03.2003.
4. Details of daily wage sanitation workers appointed by DEMS/SDMC after 31.03.2003 on humanitarian grounds along with copy of their appointment letters.
5. Provide all the information in Hindi.
PIO/AC/DEMS (HQ), vide letter dated 11.12.2018 transferred the RTI application to PIO/AC/Central, South, N.G and West Zone.
PIO/Najafgarh Zone, vide letter dated 02.01.2019 forwarded the reply to the Appellant provided by the concerned PIO.
PIO/West Zone, vide letter dated 05.03.2019 forwarded the reply to the Appellant provided by the concerned PIO.
Dissatisfied with the reply received from the PIO, Appellant filed a First Appeal dated 07.03.2019. FAA vide order dated 02.05.2019 directed the PIO/AC/DEMS to provide information as available in DEMS (HQ) to the Appellant within a period of 10 days.
Feeling aggrieved as dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Page 3 of 4Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone. He stated that he is not satisfied with the information provided by the PIO because he has not given a copy of the phase manner policy till 2018.
Respondent is represented by Shri Sudhir Mehta, PIO/Suptdg. Engineer-DEMS through audio conference. He submitted that available information has been provided to the Appellant. He further submitted that he will abide by the orders of the Commission, if any in the matter.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, Commission observes that the Respondent has not provided complete information to the Appellant as sought in the instant RTI Application. Hence, the Commission directs PIO to provide a specific and revised reply to the Appellant, with a copy marked to the Commission before 31.08.2020, failing which action will be initiated against the PIO as per the provisions of the RTI Act.
वाई.
वाई. के . िस हा)
Y. K. Sinha (वाई िस हा
Information Commissioner (सूचना आयु )
Authenticated true copy
(अिभ मािणतस यािपत ित)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)/ 011-26180514
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