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Central Information Commission

Mr.M.L. Gouhari vs Ministry Of Human Resource Development on 15 January, 2011

                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                              Decision No. CIC/SG/A/2010/000904/10972
                                                                     Appeal No. CIC/SG/A/2010/000904

Relevant Facts emerging from the Appeal:

Appellant                           :          Mr. M. L. Gouhari
                                               A-1/107, Janak Puri,
                                               New Delhi-110058.

Respondent                          :          Mr. U. S. Gaikwad

Public Information Officer & Dy. General Manager (HR) EDCIL (India) Ltd., Ministry of HRD 18A, Sector 16A, Noida-201301.

RTI application filed on            :          06/01/2010
PIO replied                         :          05/02/2010
First appeal filed on               :          06/02/2010
First Appellate Authority order     :          Not ordered
Hearing Notice sent on              :          22/12/2010
Hearing held on                     :          15/01/2011

Sl.                Information Sought                                        Reply of the PIO
1. As per information received CMD, EdCIL, on receipt          The information sought for the by the
    of CVC GM dated 08-01-2009 had written letter              Appellant was in the joint domain of
    dated 20-10-2009 to JS & CVO, MHRD in                      CVC and MHRD. EdCIL had provided
    connection with the transfer of Sh. Rajesh Gouhari         facts on record. Since the matter was
    back to Headquarters EdCIL, Noida. Copy of the said        under joint examination, EdCIL reserve
    letter.                                                    its right to provide any information at the
                                                               stage. Therefore, copy of the EdCIL

reference letter was being denied under Section 8(1) (h) till a final decision was taken and communicated to EdCIL.

2. Central Vigilance Commission had advised CVO It was informed that EdCIL had received MHRD, with copy to CMD, ED Cell about directions a copy of communication from CVC sent issued vide OM dated 08/10/2009 and for its to CVO, MHRD. No copy was available compliance for transfer of Shri Gouhari back to in EdCIL from MHRD. EdCIL Headquarters Noida. Whether CMD EdCIL has received any communication from CVO HRD. If so a copy of the same.

3. MHRD has requested CMD EdCIL to depute CGM (P&A), EdCIL was not deputed, CGM(Personnel) for a discussion of the issues hence no information existed. relating to Shri Rajesh Gouhari. Requested to advise the date to CGM was deputed for the said purpose alongwith outcome of discussions.

Ground of First Appeal:

Incorrect information received from the PIO. First Appellate Authority ordered:
Not ordered.
Ground of the Second Appeal:
Incomplete and incorrect information received from the PIO and no action taken by the FAA.
Relevant Facts emerging during Hearing: The following were present:
Appellant : Mr. M.L. Gouhari;
Respondent : Mr. U. S. Gaikwad, Public Information Officer & Dy. General Manager (HR);
The PIO appears to have supplied the information as per the records available.
Decision:
The Appeal is disposed.
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 15 January 2011 (In any correspondence on this decision, mention the complete decision number.)(ND)