Central Information Commission
Reba Mandal vs Damodar Valley Corporation on 22 April, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DVCOR/A/2017/163929
Reba Mandal ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, O/o Public Relation Department, ...प्रनतवािीगण /Respondents
Damodar Valley Corporation,
Maithon Dam, Dhanbad
Relevant dates emerging from the appeal:
RTI : 04.04.2017 FA : 16.05.2017 SA : 07.09.2017
CPIO : 04.05.2017 and
FAO : 20.06.2017 Hearing : 18.04.2019
08.08.2017
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Damodar Valley Corporation (DVC), Maithon Dam, Dhanbad seeking information on eight points, including, inter-alia, (i) a copy of circular/order on the basis of which the increment due in July 2014 was deferred because she had availed Child Care Leave and (ii) Page 1 of 4 date of joining of Dr. Narayan Moitra as In-charge (Dy. Chief Medical Officer) of B.P. Neogi Hospital, DVC, Maithon and a list of employees of the hospital who had taken leave during January to July 2014 along with complete details of such leave.
2. The appellant filed a second appeal before the Commission on the grounds that she is not satisfied with the information provided on point nos. 2, 3, 5, 6 and 7 of the RTI application. The appellant requested the Commission to direct the CPIO to provide correct and complete information to her and to impose a penalty upon the official concerned as per rule.
Hearing:
3. The appellant was not present despite notice. The respondent Ms. Anju Goipai, Dy. Director (HR) and CPIO, Damodar Valley Corporation, Maithon Dam, Dhanbad attended the hearing through video conferencing.
4. The respondent submitted that in compliance with the FAA's order dated 20.06.2017 a pointwise reply was provided on point nos. 2, 3, 5, 6 and 7 of the RTI application, to the appellant vide letter dated 08.08.2017. She stated that on point no. 2 of the RTI application a copy of the relevant circular dated 05.01.2011 of DVC was furnished to the appellant. On point nos. 3 and 5 of the RTI application the appellant was informed that the leave records of Group 'A' officers including Dr. Narayan Moitra are maintained in the O/o Director of Health Services, DVC, Kolkata. The appellant was informed, on point no. 6 of the RTI application, that no such circular is available on records. The respondent clarified that DVC follows the DoPT's guidelines in this regard. Further, on point no. 7 of the RTI application the Page 2 of 4 appellant was informed that only one employee i.e. the appellant had availed Child Care Leave.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, notes that the FAA vide order dated 20.06.2017 directed the CPIO to obtain the information against point nos. 2, 3, 5, 6 and 7 of the RTI application from the custodian and provide the same to the appellant. The Commission observes that though a pointwise reply was provided on point nos. 2, 3, 5, 6 and 7 of the RTI application, to the appellant vide letter dated 08.08.2017, the leave records of Group 'A' officers including Dr. Narayan Moitra as sought vide point nos. 3 and 5 of the RTI application had not been provided by the CPIO stating that the said information is maintained in the O/o Director of Health Services, DVC, Kolkata. The Commission, therefore, directs the CPIO to provide the above-said information to the appellant, after obtaining the same from the officer concerned, within four weeks from the date of receipt of a copy of this order under intimation to the Commission.
6. The Commission further observes that vide point no. 6 of the RTI application the appellant has sought a copy of the DVC circular regarding calculation and recovery of excess FCA. However, the CPIO vide letter dated 08.08.2017 furnished the status of appellant's bills of recovered amount of FCA. During the hearing, the respondent submitted that no such circular is available on records and that the DoPT's guidelines are followed in this regard. In view of this, the Commission directs the CPIO to revisit the information sought for vide point no. 6 of the RTI Page 3 of 4 application and provide an appropriate response to the appellant, within four weeks from the date of receipt of a copy of this order under intimation to the Commission.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 22.04.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA) O/o Public Relation Department, Damodar Valley Corporation, Maithon Dam, Dhanbad Jharkhand-828207
2. The Central Public Information Officer (CPIO), O/o Public Relation Department, Damodar Valley Corporation, Maithon Dam, Dhanbad Jharkhand-828207
3. Smt. Reba Mandal Page 4 of 4