Central Information Commission
Mr.Prof. Pramila Sharma vs University Of Delhi on 8 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/2010/000523/10849
Appeal No. CIC/SG/A/2010/000523
Relevant Facts emerging from the Appeal
Appellant : Dr. Promila Sharma
40, Arjun Marg, DLF Ph-I,
Gurgaon-122002, Haryana.
Respondent : Mr. S. K. Sharma
Public Information Officer & Section Officer (Admin.) Daulat Ram College (University of Delhi) 4, Patel Marg, Maurice Nagar, New Delhi.
RTI application filed on : 22/10/2009 PIO replied : 27/11/2009 First appeal filed on : 29/12/2009 First Appellate Authority order : 23/02/2010 Notice of Hearing sent on : 22/12/2010 Hearing held on : 08/01/2011 Information Sought:
The Appellant sought following information in regard to letter no. DRC/RTI/1817 dated 12/10/2009. (1) Name and designation of the person who made the statement "I have warned..." and certified copy of warning as well.
(2) The date when the PIO first came to know that "Governing Body minutes file did not contain the said minutes (i.e. GB minutes of 3.3.1995)". Name of the person who informed the same along with certified copy of note by that person.
(3) Reason for enclosing unsigned agenda of the Meeting of Governing Body held on 3/3/1995 with letter 12/10/2009. Whether the same signed agenda was missing. If yes, then details of date & year when it came to the knowledge that the same was missing along with name of the person who informed about that and certified copy of note by that person.
(4) Name of the person with designation who is responsible for Governing Body files and Leave Record of teachers in the College since 1991 till date.
(4) (a) Certified copy of the statement by Mr Rajendra Sharma through which he informed that he had made the entry in the Appellant's leave Register.
(b) Certified copy of instruction of then Principle to Mr Rajendra Sharma which indicated that remark- 'later on converted into pvt affairs' was made with knowledge & instruction of then Principle.
(c) Please inform date & year on which the Leave committee and Governing Body approved conversion of the Appellant's EOL (academic) into EOL (Pvt affairs). Certified copy of the same or any other related documents.
(5) According to the latest response vide letter dated 12/10/09, EOL for academic purpose w.e.f 29/7/95 to 30/5/96 was ratified by Governing Body on 3/3/1995 but (Rajendra Shanna) informs that he had made the entry " On EOL for academic purpose w.e.f 29/7/95 to 3 0/5/96"& signed the same on 17/5/96.
Page 1 of 3(a) If the above assertion is correct, reason for the delay of more than one year in making entry in the Appellant's Leave Record - "On EOL for academic purpose w.e.f 29/7/95 to 30/5/96" & signed the same on 17/5/96. Certified copy of referred instruction of then Principle to Mr Rajendra Sharma to make this remark in the Appellant's Leave record on 17/5/96.
(6) Certified copies of the page of service book of Mr. Nair & Mr Rajendra Sharma which contains their specimen signatures and educational qualifications.
(7) Details of designation & details of work allocated for Mr Rajendra Sharma along with salary scale since 1990 tiU date in DRC.
(8) Details of designation & details of work allocation for Mr Nair along with salary scale since 1990 till date in DRC.
(9) Whether any unsigned document is termed as draft or fmal document?
Reply of the PIO:
"1. "1" meant the Principal (Appellate Authority). The name of concerned person is Mr. P. L. Nair. A certified copy of note which contains the signature, that he noted the same is enclosed herewith.
2. First time, it came to our knowledge in the end of' September/first week of October 2009 when the Principal again directed Mr. P.L.Nair, Mr. Rajendra Sharma and Miss Babita to search all related files once again. On checking, it is found that the Governing Body minutes file did not contain the minutes of 30/03/1995. Then we searched along with the Governing Boy agenda files and we found the minutes as enclosure to the agenda of 30.3.1995. Mr. P.L.Nair informed. A certified copy of the note put up by him to the Principal is enclosed. (Annexure-I)
3. From the practice followed in the college, it is noted that only covering letter sending the agenda is signed. The agenda of 3.3.95 is not missing as written by you.
4. The Dafatary/Office Attendant files the Governing Body/Leave papers (of teachers) under the supervision of Miss Babita, Jr. Assistant, Mr.P.L.Nair, Sr.P.A.
4.(you have repeated SI. no. 4)
(a) A certified copy of statement by Mr. Rajendra Sharma enclosed. (Annexure II)
(b) The matter was discussed with the then Principal and she orally instructed to do so. Therefore we don't have any written document.
(c) The Governing Body in its meeting held on 27th September 2001 considered your request for conversion of Extra Ordinary Leave on personal grounds from 29th July 1995 to 30th April 1996 to EOL on academic grounds and resolved that "Dr. Pramila Sharma's Extraordinary leave cannot be converted into EOL on academic grounds in view of the fact the documents submitted do not meet the requirement laid down in the leave rules 800(d) of the University of Delhi".
Certified copy of the minutes have already been sent to you against your RTI vide our letter No.DRCIRTI/747 dated 23/25.9.08. In case you need a certified copy again, please let us know.
5. (a) You wrote "If the above assertion is correct". The assertion is incorrect. The dealing Assistant made the entry after the end of your leave. Your leave ended on 30.4.96 and he made the entry on l7.5.96, as such there is no delay in entering the leave in the leave register.
6. Certified copies of pages of Service Book containing the specimen signatures and qualifications of Mr. P.L,.Nair and Mr. Rajendra Sharma are enclosed.
7.Mr. Rajendra Sharma, Assistant, is in the pay scale of Rs.5200-20200. He looks after the work of Principal's office which includes leave of teachers, personal files of teachers, governing body files, etc. under the supervision of Mr. P.L.Nair, Sr.P.A. However, Mr. Sharma is now transferred to Administration Section:(since May 2008) and Miss Babita is working in place of Mr Sharma 8 Mr P L Nair Sr P A & OffgA O is in the pay scale of ` 9300-33800. He looks after all the work relating to Principal and also supervises the work of Mr Rajendra Sharma (now the work of Miss Babita).
First Appeal:
Incomplete and unsatisfactory information received from the PIO.Page 2 of 3
Order of the FAA:
The FAA vide his letter dated 25/01/2010 and 23/02/2010 replied to the Appellant on 6 point.
Ground of the Second Appeal:
Incomplete and incorrect information received from the PIO and FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant : Ms. Pramila Sharma;
Respondent : Mr. S. K. Sharma, Public Information Officer & Section Officer (Admin.); Dr. Renu, Acting Principal;
The PIO has given most of the information but is now directed to provide information on the following:
1- Query-04 (c): Inform date & year on which the Leave committee and Governing Body approved conversion of the Appellant's EOL (academic) into EOL (Pvt affairs). Certified copy of the same or any other related documents. If there is no such information available on the records this will be stated.
Decision:
The Appeal is partially allowed.
The PIO is directed to provide the information on query-4(c) to the Appellant before 20 January 2011.
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 08 January 2011 (In any correspondence on this decision, mention the complete decision number.)(GJ) Page 3 of 3