Central Information Commission
Shyam Lal vs University Of Delhi on 1 April, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/UODEL/A/2019/130354
Shyam Lal ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
University Of Delhi,
RTI Cell, University College Of
Medical Sciences, Dilshad Garden,
New Delhi 110095. .... ितवादीगण /Respondent
Date of Hearing : 01/04/2021
Date of Decision : 01/04/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 14/03/2019
CPIO replied on : 02/04/2019
First appeal filed on : 08/05/2019
First Appellate Authority order : 28/05/2019
2nd Appeal/Complaint dated : 26/06/2019
1
Information soughtand background of the case:
The Appellant filed RTI application dated 14.03.2019 seeking information regarding different laws used for each employee and other clarifications in this regard.
The CPIO replied to the appellant on 02.04.2019 stating as follows:-
"Answer:- Office Order No.525 dated 14.08.2012 was issued by University of Delhi and the same may be clarified from University of Delhi. Health Cards are issued as per the entitlement of pensioner/inservice employee.
Anomaly in granting financial upgradations may be clarified from University of Delhi. Letter dt.07.01.2019 written by Sh. Shyam Lal in this regard has already been forwarded by this College vide letter dated 13.02.2019 to J. R.(Colleges), DU.
Recovery was done on re-fixation of pay as per Office Order No.525. Gratuity, Leave encashment, commutation are not being paid as per 7th CPC since the orders for the same has not been received in the College from University of Delhi."
Being dissatisfied, the appellant filed a First Appeal dated 08.05.2019. FAA's order dated 28.05.2019 upheld the reply of CPIO. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through intra- video conference. Respondent: Rahul Pandey, Representative of PIO along with Dr. Arvind Kumar, Prof. Forensic Medicine and Sumeet Arora, Assistant Registrar, University of Delhi present through intra- video conference.
Appellant narrated the factual context of his RTI application and stated that his grievance regarding service matter was not resolved by the CPIO.2
CPIO submitted that although the Appellant has sought clarifications in his RTI application which is not as per Section 2(f) of the RTI Act, yet the then CPIO provided a point wise reply along with necessary clarification to the Appellant on
02.04.2019.
Decision:
The Commission observes from a perusal of the facts on record that the information sought for in the RTI Application does not conform to Section 2(f) of the RTI Act as the Appellant has sought for clarifications and justification. In view of this, the merit of the CPIO's reply is not being called into question, moreover, adequate clarification has been provided by the CPIO in its reply as well.
The Appellant is now advised to approach the University of Delhi through proper channel for any unresolved issues emanating regarding his service matter.
In view of aforesaid, no further action from the Commission is warranted in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy 3 (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4