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[Cites 6, Cited by 0]

Central Information Commission

Dipti Sharma vs Delhi Skill University on 10 December, 2025

                                के ीय सूचना आयोग
                          Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                           नई िद ी, New Delhi - 110067


File No: CIC/DESUN/A/2024/128048

Dipti Sharma                                     .....अपीलकता/Appellant

                                        VERSUS
                                         बनाम


PIO,
Section Officer-(RTI Section), Delhi
Skill & Entrepreneurship University
(Govt. of NCT of Delhi), RTI Section,
D.S.E.U. Dwarka Campus, Sector-9,
Dwarka, New Delhi-110077                         ..... ितवादीगण /Respondent

Date of Hearing                     :    08.12.2025
Date of Decision                    :    10.12.2025

INFORMATION COMMISSIONER :               Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on            :    11.02.2024
CPIO replied on                     :    19.06.2024
First appeal filed on               :    13.03.2024
First Appellate Authority's order   :    18.06.2024
2nd Appeal/Complaint dated          :    30.08.2024

Information sought

:

1. The Appellant filed an (online) RTI application dated 11.02.2024 seeking the following information:
CIC/DESUN/A/2024/128048 Page 1 of 11
"1. How many Earned Leaves, Casual leaves, Medical leaves, CCL were entitled in first year 2022-2023 of her service (Mention the exact no of each leaves)
2. How many Earned Leaves, Casual leaves, Medical leaves, CCL were entitled in second year 2023-2024 of her service (Mention the exact no of each leaves)
3. Policy of utilizing Professional development fund (PDF)
4. Provide PDF Recovery policy if any.
5. Provide copy of work experience letter mentioning APAR status, Date of next increment. Date Of Joining, Date of resignation, Date of relieving.
6. Was she issued NOC For appearing interview at SPM College
7. When did Dr. Dipti Sharma applied for non compounded PhD increment.
8. When were non compounded increment granted to her.
10. When did Dr. Dipti Sharma applied for considering her past service and when was it granted. Pl mention date.
11. Did Dipti Sharma applied for Technical Resignation for joining SPM College.
12. Was her resignation considered under Technical resignation 13 Was she given work experience certificate, pay fixation, leave credit and service book for onward submission upon her resignation
14. Provide copy of updated service book up to Dec 23 mentioning Updated leaves, DNI, pay fixation
15. Provide salary slip of Oct 23, Nov23 and Dec23.
16. Was she provided Nov23 and Dec23 salary
17. Provide the exact government or DSEU Notified rule under which her salary for the leaves taken from 23.11.23 to 28.11.23 shall be recovered.
18. Has her full and final settlement being made to her. 19 Were deductions made for NPS Contribution"

2. Having not received any response from CPIO, the Appellant filed a First Appeal dated 13.03.2024. The FAA vide its order dated 18.06.2024; held as under.

"CPIO is directed to provide the information free of cost within 21 days."

3. After disposal of First Appeal, the CPIO furnished a reply to the Appellant on 19.06.2024 stating as under:

"1. As per the leave rules notified University by the
2. As per the leave rules notified by the University CIC/DESUN/A/2024/128048 Page 2 of 11
3. Policy is available on university website
4. Policy is available on university website
5. to 19. The relevant file is under scrutiny. The information sought can be made available once the file is received back."

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

5. A reply dated 03.12.2025 filed by the present CPIO, DSEU is taken on record. Contents of the same are reproduced below:

"1. To 4. Responded already on 19/06/2025 copy attached at Annexure-G.
5.The relieving letter issued to Dr. Dipti Sharma, the details of the work experience, pay scale and date of relieving etc placed at Annexure-A
6. Yes. Attached at Annexure-B
7. Copy attached at Annexure -C
8. No entry of Non-compound increment as per the records in service book.
10. Copy attached at Annexure-D.
11. She had not applied for a technical resignation. Copy of resignation letter and Email attached at Annexure-H.
12. Term technical resignation not used in relieving order. Copy placed at Annexure-A
13. Work experience and pay details were mentioned in the relieving letter.
14. Copy of service book attached at Annexure-E.
15. Dr. Dipti Sharma was paid salary upto the month of Oct, 2023. Salary slip for the month of Oct. 2023 attached at Annexure-F.
16. Ms. Dipti Sharma was paid salary up to the month of Oct, 2023.
17. Competent Authority accepted Dr. Dipti Sharma, Assistant Professor resignation subject to the conditions mentioned her relieving letter at Annexure-A.
18. No such record is available in the service book.
19. No such deductions have been made. Apologize for delay response."

Relevant Facts emerged during Hearing:

The following were present: -
Appellant: Present in person.
CIC/DESUN/A/2024/128048 Page 3 of 11
Respondent: Ms. Bindu Nair, DR/CPIO along with Shri Jatin Verma, Asst. Professor/ the then CPIO and Shri Dushyant Kumar, Assistant, DSEU, Delhi all present in person.

6. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 30.08.2024 is not available on record. Respondent confirmed non-service.

7. On being asked by the Commission, Appellant affirmed the receipt of averred reply few days back, however, she expressed her disappointment at the fact that there is an inordinate delay caused by the Respondent in giving final reply. Further, complete information regarding her leave records is still not provided by the Respondents. She alleged that there is a discriminatory approach followed by the DSEU in favoring their officers due to which the Appellant was deprived of her legitimate rights of entitled increments in salary. In this regard, she filed Writ Petitions before the Hon'ble High Court of Delhi which are sub-judice. She sought time from the Commission to file a detailed written submission regarding claim for compensation, which was allowed by the Bench.

8. Respondent, Ms. Bindu Nair (present CPIO) submitted that a point-wise reply has already been provided to the Appellant initially. Further, upon receipt of hearing notice from the Commission, a point-wise reply along with relevant information has been provided to the Appellant vide letter dated 03.12.2025.

9. Upon being queried by the Commission regarding the reason for such inordinate delay in giving the reply, the Respondents tendered their oral apology and Shri Jatin Verma, AR and the then CPIO vaguely stated that he was busy in election duty at the relevant time for 3-4 months and there was a delay caused by the deemed transferee PIOs who did not provide the relevant information despite repeated reminders. However, he failed to show any supporting documents to buttress his explanation as such.

10. To a further query from the Commission regarding availability of information in public domain, Ms. Bindu Nair on being given an opportunity to show the website of the DSEU, she tried to open the website, however, she was unable to assist the Bench in showing all the requisite information. It is noted by the Bench that the Respondent came unprepared and not well versed CIC/DESUN/A/2024/128048 Page 4 of 11 with the facts of the case. She further claimed vaguely the regarding leave entitlements the UGC Rules are followed by DSEU.

11. During hearing, the Commission asked the Respondent to show the Service Book Part II, of the Appellant which contains the details of leave account of the employee concerned, the Respondent failed to show the same by stating that they did not bring it to the Commission, although they were carrying the part I of the Service Book.

12. Post hearing, the Commission is in receipt of a written submission from the Appellant vide letter dated Nil, which is taken on record. Contents of the same are reproduced below for ready reference:

"COMPUTATION OF FINANCIAL LOSSES INCURRED NAME OF THE EX EMPLOYEE - DR.DIPTI SHARMA DEPARTMENT- FHM, Dwarka, Campus Date of Joining DSEU- 29.06.22 Date of leaving DSEU- 05.06.23 The computation of financial losses as been directed by Honorable CIC Information Commissioner Sh. Vinod Kumar Tiwari As per UGC CAS'18, I should have been given level 11 from 30.07.22. For which I had submitted all required proofs within one month of joining. The below calculations are based on level 11 as starting from 30.06.22. Date of next increment was 01.01.23. Taken Nov'22 and Oct'23 months salary as reference as I had those salary slips for DA, TA, HRA calculation. DSEU Finance may calculate prevalent as per DA and HRA rates in that duration SALARY LOSS July'22 to Dec'22 A-Should have been(₹) B-Given(₹) Basic Pay 68900 57700 Dearness Allownace@38% 26182 21926 HRA@27% 18603 15579 [email protected]% 11864.65 9936 Total 125549.65 105141 CIC/DESUN/A/2024/128048 Page 5 of 11 Difference( A-B) is 20408.65/month 122451.90 ×6months= January'23 to November '23 Basic Pay 71000 59400 Dearness Allownace@42% 29820 24948 HRA@27% 19170 16038 [email protected]% 12219.10 10224 Total 132209.10 110610 Difference(A-B) is 21599.10/Month × 10 215991.00 months= 30.06.22 salary Difference left ₹680 Nov'23 salary which is not given ₹132209.10 Dec'235 days salary not given ₹ 1324.03 (132209÷31=4264.80×5=21324.03) Total salary loss 22-23 122451.9 Total salary loss 23-24 215991.0 Nov'23salary 132209.10 Dec'23 salary 21324.03
1. Salary loss 491976.03
2. Medical Reimbursement not given (As 100000.00 recalled-self-2000 ₹, Reyansh-son- 79000₹, Amarpal spouse-19000 ₹) as recalled, original bills submitted to University)
3.NEW PENSION SCHEME(NPS) 22-23 220759.80 CIC/DESUN/A/2024/128048 Page 6 of 11 contributions 12554.96×6=₹75329.79 23- 24-₹145430.01 NPS EMPLOYEE Contribution@10% 22-23 309063.714 17576.95×6=105461.70 23- 24 145430.01×11=203602 NPS EMPLOYER contribution @ 14%
4. Professional development fund PDF 90000.00 Recovery as mentioned on the relieving letter. Despite 90000.00 no such policy.
5.Earned Leaves 22 23=15 no × ₹4 050=₹ ₹1,71,640 60750 23-24=26no.×₹4265 =₹110890 Takenaweekor2 leaves as per O/o on taking break after exam.
6. Half Pay/Medical leaves 22-23-10no, ₹62,900 5no×4050=₹20,250 23-24- 20no, 10no×4265=₹42650
7. Examination honorarium (as recalled) ₹6000
8. Transport charges to visit other ₹3000 campus for taking classes (as recalled, original bill submitted)
9. Lawyer charges for high court case ₹51000.00 CAS(C) 1948/2024
10. Casual leave As mentioned in the relieving order, amount of casual leaves will be deducted from my salary.
11.Loss of promotional benefit at my If the promotion was present college granted at DSEU then 1.5 years would have been considered for my next promotion. I had to start CIC/DESUN/A/2024/128048 Page 7 of 11 afresh again at level 10.
12. Compensation for Mental Its been more than 2 years harassment that I am denied basic right to my salary, APAR and work experience letter with due pay fixation at level11 and date of next increment as 01.01.23, which has caused mental harassment beyond monetary measurement.
Due to DSEU's unjustified delay of nearly two years in releasing my lawful salary and dues, I have suffered substantial financial loss amounting to ₹9,76,516.03, including medical and legal expenses directly caused by the prolonged non payment.
                                        This     continuous     delay
                                        created     severe     mental
                                        stress, financial in security,
                                        and emotional distress,
                                        adversely     affecting    my
                                        health and daily functioning.
                                        In     view      of     these
                                        circumstances, I am seeking
                                        an additional compensation
                                        of ₹2,50,000 for mental
                                        harassment, which is fair,
                                        reasonable,               and
                                        proportionate       to    the
                                        hardship endured.

Total amount due from DSEU=4,91,976.03 + 1,00,000 + 90,000 + ₹1,71,640 + ₹62,900 + ₹6000 + 3000 + ₹51000.00 + ₹250000 = ₹12,26,516.03 CIC/DESUN/A/2024/128048 Page 8 of 11 Also, as calculated due amount of NPS (employee and employer) should be deposited to my NPS Account. DSEU can let me know, I will send employee contribution.
I once again request to settle monetary and regulatory mishandling done in my case.
Provide required certificates to self and forward my personal file with all details including leaves to my present college. As if my DSEU work experience is not considered in my permanent work experience then I am loosing the benefit of unified pension scheme for which 25 year of service is required. Which I do have by including DSEU work exp cant be considered without forwarding and considering my services and service book upon my technical resignation."

Decision:

13. The Commission after adverting to the facts and circumstances of the cases, hearing both the parties at length and perusal of the records observes that a period of more than one and a half year has elapsed since the filing of RTI applications, yet complete information has not been given to the Appellant till date of hearing. Moreover, no substantial explanation for such abject failure has been rendered by the Respondent (present and the then CPIO) in writing.

14. During hearing, the reason advanced by the Respondent is rather irksome as it was incumbent upon the Public Authority to proactively maintain/access the RTI database and ensure that RTI Applications (online/offline) are dealt with in a time bound manner. Failure to dispose the RTI Application for the simple reason that it could not be disposed owing to official assignments, lack of manpower, non-coordination between departments/deemed PIOs per se, is reflective of the disregard for the RTI Act, the Respondent Public Authority has. The act of the erring CPIOs, the then, the present CPIO and also the deemed PIOs concerned, tramples upon the citizen's right under the RTI Act as well as shows lack of respect towards the Commission. A bare perusal of contents of replies further reveals that all other queries of the Appellant of RTI application are not addressed properly in the replies.

CIC/DESUN/A/2024/128048 Page 9 of 11

15. The Respondents are expected to have applied their minds while providing categorical information on each point, which may serve the purpose of filing the RTI Application. Further, the CPIO should either have transferred the RTI Application to the concerned authority by invoking Section 6(3) of the RTI Act or provided access to information by procuring the same from the concerned PIO under Section 5(4) of the RTI Act. Neither was done in this case. The Respondent has not provided adequate replies to the Appellant, and because she knew she was giving a bad and evasive reply she deliberately chose not to write her name, official designation and contact details while signing the reply. The Commission would also like to draw the attention of the Respondents towards its previous decision dated 15.09.2025 in the case File No. CIC/DESUN/A/2024/634588 wherein the PIO of the Respondent Public Authority was warned for similar lapses. Repeat error only goes on to establish that the PIOs have total disregard for the RTI Act and citizens right to information besides the contemptuous attitude towards the Commission also. Hence, prima facie a mala fide is attributable to the Respondents in each of the cases. The Commission finds that these cases are fit for its interference.

16. Accordingly, the Commission show causes the then CPIO, Shri Jatin Verma, Deputy Registrar, Dr. Suman Dhawan, former CPIO, Ms. Bindu Nair, Deputy Registrar-cum-the present CPIO, DESU, Dwarka, New Delhi as to why Penalty and Disciplinary Proceedings under Section 20 (1) and Section 20 (2) of the RTI Act should not be imposed on them for the above detailed reasons. Written explanations of the erring official/CPIOs must reach the Commission through post and via uploading on http://dsscic.nic.in/online-link-paper compliance/add within four weeks from the date of receipt of this order.

17. Ms. Bindu Nair, present CPIO is directed to serve a copy of this order to the concerned transferee/deemed CPIO to secure their written explanation also for timely compliance of this order and a proof of service be uploaded on the CIC's portal.

18. In the meantime, the Respondent is directed to provide a revised point- wise reply along with relevant information as sought by the Appellant. In addition, the Respondent is further directed to file written submission in response to Appellant's claim for compensation. This reply and written submission should be provided to the Appellant free of charge within four CIC/DESUN/A/2024/128048 Page 10 of 11 weeks of the date of receipt of this order. A compliance report to this effect be uploaded on the CIC's portal immediately thereafter.

19. The First Appellant Authority to ensure compliance of the direction.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:

The FAA, Delhi Skill and Entrepreneurship University, Integrated Institute of Technology Complex, Sector 9, Dwarka, New Delhi - 110077 CIC/DESUN/A/2024/128048 Page 11 of 11 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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