Central Information Commission
Ashok Bhatia vs Gnctd on 20 May, 2020
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MOURB/A/2018/139650/GNCTD
Shri Ashok Bhatia, ... /Appellant
अपीलकता
VERSUS/बनाम
PIO/D.D. (Admin), ... ितवादीगण /Respondent
Delhi Urban Shelter Improvement Board,
Civil Lines, Delhi - 110054
Date of Hearing : 19.05.2020
Date of Decision : 20.05.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 01.03.2018
PIO replied on : 21.03.2018
First Appeal filed on : 27.03.2018
First Appellate Order on : 01.06.2018
2ndAppeal/complaint received on : 22.06.2018
Information soughtand background of the case:
The Appellant filed RTI application dated 01.03.2018seeking information on the following points:-
1. Provide. As per notification No .F 2(7)/UD/DUSIB/2010-13561-13574 dated 25TH August 2010 para 4 "the tenure, remuneration and terms and conditions of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of the Government and Section 30 of the DUSIB Act 2010.
2. The undersigned was promoted and working as Director on adhoc basis since 30.10.2009 in the pre-revised scale of Rs.12000-16,500/-. The undersigned was promoted as Dy. Director in the pay band of Rs.15,600-39,100 with grade pay Rs.6600/- with immediate effect vide Office order No.D/252/ Dy. Dir (A)/DUSIB/2011 dated 17.10.2011 issued by Asstt. Director (Admn). Kindly inform whether Office order dt. 17.10.2011 was issued with the prior approval of the Government i.e. Hon'ble Lt. Governor, Delhi keeping in view the Notification dt.25 August 2010 and Section 30 of the DUSIB Act 2010. As per DUS1B Act 2010 Section 2 (d) "Government" means the Lt. Governor of the National Capital Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239AA of the Constitution.
3. The promotion of the undersigned as Director since 30.10.2009 on adhoc basis was withdrawn contrary to the orders of the CEO dated 12.10.2012 by inserting some foreign material by Dy. Director (Admn). Kindly inform whether Office order No. 6A/1160/25/Admn./Vol.II/DUSIB/D/366 dt. 16.10.2012 was issued with the prior approval of the Government i.e. Hon'ble Lt. Governor, Delhi keeping in view the Notification dt.25 August 2010 and Section 30 of the DUSIB Act 2010. As per DUS1B Act 2010 Section 2(d) "Government" means the Lt. Governor of the National Capital Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239AA of the Constitution.
(Queries are Verbatim) The PIO/Dy. Director, Admn., furnished a point wise reply to the Appellant vide letter dated 21.03.2018.
Dissatisfied with the reply received from the PIO, the Appellant filed First Appeal dated 27.03.2018. The FAA vide order dated 01.06.2018 directed the PIO, Admn to provide afresh reply/information within 10 days therefrom.
In compliance with the order of the First Appellate Authority dated 01.06.2018, the PIO/Dy. Director, Admn. vide letter dated 11.06.2018, provided a detailed explanation to the Appellant.
Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent 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 number and stated that the reply provided by the Respondent is not satisfactory.
Shri Manoj Jain, PIO/Dy. Director (Admn.) disconnected/refused to take the call despite three attempts.
Decision Upon perusal of facts on record, Commission observes that the Shri S.Roy Biswas, the then PIO/Dy. Director (Admn.) in compliance of the order of the First Appellate Authority has provided a detailed explanation to the Appellant on 11.06.2018.
However, it is noted that the absence of Shri Manoj Jain, PIO/Dy. Director (Admn.) to take/attend the telephone call during the scheduled time has vitiated the hearing proceedings. In the circumstances, the Commission warns Shri Manoj Jain, PIO/Dy. Director (Admn.) to show greater commitment towards the implementation of the RTI Act. Such conduct were will not be condoned in future.
A copy of this order is marked to Principal Director (Admn.)/FAA, Delhi Urban Shelter Improvement Board, GNCTD to take note of the observations of the Commission.
With the above observations, the instant Second Appeal is disposed off.
Y. K. Sinha(वाई.
वाई. के . िस हा) Information Commissioner(सूचना आयु ) Authenticated true copy (अ भ मा णतस या पत त) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514