Central Information Commission
Mr. Ram Avtar Sharma vs O/O Delhi Transco Limited, Government ... on 29 December, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002827/6124
Appeal No. CIC/SG/A/2009/002827
Relevant Facts emerging from the Appeal:
Appellant : Mr. Ram Avtar Sharma,
R/o H No 3786, Gali Ram Nath, Patwa,
Pahar Ganj,
New Delhi- 110055.
Respondent : Mr. K.V.Krishna Kumar
Public Information Officer & Dy. General Manager (HR) Government of NCT of Delhi.
O/o Delhi Transco Limited, HR Department, Dy. General Manager (HR) 1, 3r Floor, Shakti Sadan, Kotla Road, New Delhi- 110002.
RTI application filed on : 04/09/2009
PIO replied : 25/09/2009
First appeal filed on : 07/10/2009
First Appellate Authority order : 20/10/2009
Second Appeal received on : 04/11/2009
Date of Notice of Hearing : 25/11/2009
Hearing Held on : 29/12/0009
S. No Information Sought Reply of the PIO
1. Whether in DVB disciplinary cases involving The CCS (CCA) Rules, 1965 were implemented
minor penalty was initiated as per Govt. of India during the period of DVB on 25/05/1999 and the
CCS rules. Copy of the order. same were applied in DTL. Copy enclosed.
2. Whether any other CCS (Conduct) rule is being Same as above.
followed by DTL.
3. "If a person does not reply in a file about 'It is a question and no information has been
'please speak' and there is no violation of rules, sought" (Section 2 [f] of RTI Act). then the procedure followed for initiating a major penalty.
4. The time duration when the officiating officer Same as above.
can retain files once the regular officer is back to work. Copy of guidelines being followed.
5. The date when Shri Mohinder Paul, Ex Addl. Shri Mohinder Paul, Ex Addl. Chief Personal Chief Personal Officer (E) DVB forward the Officer (E), DVB forwarded he disciplinary case file Appellant's disciplinary case file to then 'in question' to the then AGM(A), DVB on AGM(A), DVB. 28/11/2000.
6. Copy of R&R rules for the post of Section The post of Asst. Manager (Clerical) and Section Officer/Asst. Manager (Clerical) of DESU/DVB Officer (Clerical) did not exist in DESU/DVB. Copy period. of RRs of post of Asst. Personal Officer and Suptd (Clerical) of DVB is enclosed.
7. Copy of R&R rules framed in DTL for the post The post of Asst. Manager (Clerical) did not exist in of Section Officer/Asst Manager (Clerical) of DESU/DVB. Copy of RRs of post of section officer DTL. applicable in DTL is enclosed. Asst Manager (HR) is enclosed.
8. "The R&P rules framed in DTL or the above 'It is a statement and no information has been posts are signed by Unions/Associations." sought" (Section 2 [f] of RTI Act).
9. The Tripartite Agreement with GNCTD and No. The RRs for the post of Asst Manager (Admn) whether the said amended R&P rules have been were approved by the Board of Directors vide approved by Delhi Govt. resolution No 30.2.17 in the meeting held on 28/12/2007 and R&P rules in respect of Section Officer has been approved vide resolution No:
17.2.11 dated 29/06/2004.
10. The time duration when the officiating officer 'It is a question and no information has been can retain files once the regular officer is back sought" (Section 2 [f] of RTI Act). to work. Copy of guidelines being followed.
11. The powers of Chairman, Member, Nodal The question has been transferred u/s 6(3) of IBID Officers, Administrative Officers posted in PG Act to PIO, Deptt. of Power, GNCTD, Delhi Cell, DTL Minto Road. secretariat, Delhi.
b) Whether action can be taken against BSES-
RPL/YPL and NDPL for not implementing the norms of DERC Act 2003.
First Appeal:
Unsatisfactory information provided by the PIO.
Order of the FAA:
The FAA concurred with the information provided by PIO. He also mentioned that RTI Act was aimed at acquiring information and not raising questions. The case was therefore disposed off.
Ground of the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Ram Avtar Sharma;
Respondent: Mr. K.V.Krishna Kumar, Public Information Officer & Dy. General Manager (HR);
The Appellant states that he has not been provided the information regarding query-11. The powers of the chairman, member, nodal officers and administrative officers posted in PG Cell, DTL Minto Road is certainly information and this needs to be provided. The PIO states that this was transferred to the PIO Dept. of Power, GNCTD under Section 6(3) of the RTI Act. The appellant shows that he has received unsatisfactory reply to this from the PIO Mr. S.M.Ali, PIO Dept. of Power.
Decision:
The Appeal is allowed.
The PIO Mr. S.K. Ali Department of Power is directed to provide the powers of the chairman, member, nodal officers and administrative officers posted in PG Cell to the Appellant before 15 January 2010.
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 29 December 2009 (In any correspondence on this decision, mention the complete decision number.) CC:
Mr. S.M.Ali, PIO, GNCTD, Department of Power , 8th Level, B-Wing, Delhi Secretariat, I.P.Estate, New Delhi- 110002