Central Information Commission
Mrphool Chand vs Ndmc, Gnct Delhi on 28 July, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi110066
F. No.CIC/YA/A/2015/002446
Date of Hearing : 15.07.2016
Date of Decision : 15.07.2016
Appellant/Complainant : Shri Phool Chand, Delhi
Respondent : CPIO, South Delhi Municipal Corporation,
Delhi
Through:
Dr. S K Arora, Addl. MS, Hindu Rao
Hospital
Mr. Muktamay Mandal, Asstt. Director of
Education
Mr. Sharad Kumar, Jt. Director, NDMC
(Health)
Mr. Deepak Kohli, Jt. Director(A&H),
Sh. Nilesh Kumar, OS(RTI)
Smt. Radha Chaowdhury, SO (Edn)
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 27.02.2015
PIO replied on : 05.06.2015
First Appeal filed on : 01.07.2015
First Appellate Order on : No order passed
2nd Appeal/complaint received on : 29.10.2015
Information soughtand background of the case:
Vide RTI application dated 27.02.2015, the appellant sought information under 5 points regarding Action taken to notify Äll India Association for SC/ST & Physically Handicapped(Regd.) about SC/ST vacancies by all attached & subordinate Offices/Departments in terms of the OM No. 360141/2001Estt(Res). issued by the DOPT on 25.08.2003. CPIO vide letter 05.06.2015 furnished point wise information as available on record. The appellant was not satisfied with the response and hence filed a first appeal which was not disposed of by the FAA. Feeling aggrieved the appellant approached the Commission.
Relevant facts emerging during hearing:
During the hearing both parties were present and reiterated their respective contentions. The Appellant raised the issue that if it is an agreed position that there are no notified Scheduled Tribes in Delhi, then why is the benefit of reservation meant for the STs being given to STs originating from other States, in Delhi Govt. jobs. He further cited the decision of the Delhi High Court in the case of Deepak Kumar & Ors. vs. District Judge, Delhi dated 12.09.2012 being WP (C) No. 5490/2010 whereby this issue had been conclusively decided. The Appellant wanted to know whether the same was implemented and if so, how and also as to whether the OM No. 360141/2001Estt(Res). issued by the DOPT, cited above for notifying the ST/SC vacancies to the Äll India Association for SC/ST & Physically Handicapped(Regd.) was being followed by the Respondent. The Respondent stated that they are not the recruiting authority and candidates already selected/recruited are sent to them as per the demand.
Decision:
After hearing parties and perusal of record, the Commission directs the Respondent to submit a written report before the Commission with a copy marked to the appellant clarifying the current status with respect to the implementation of the aforementioned High Court order, within four weeks of receipt of this order. The PIO of the Hospital concerned has submitted that they are not the recruiting authority hence no direction needs to be given in this regard, but SC/ST vacancies that arise in the organisation are directed to be duly notified in terms of the DoPT Memorandum dated 25.08.2003 as cited above.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to: