Central Information Commission
Mr. Chattar Singh Yadav vs Central Establishment Department, ... on 12 January, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC /SG/A/2009/000093/2718/Adjunct
Appeal No. CIC/ SG/A/2009/000093
Relevant Facts emerging from the Appeal:
Appellant : Mr. Chattar Singh Yadav,
H.No. D-535/32,
Gali No. 13, Near Mamta Nursing Home,
Askok Nagar, Delhi-93.
Respondent : The PIO (Assistant Commissioner Estt.-I)
Municipal Corporation of Delhi
Central Establishment Department
Town Hall, Chandini Chowk,
Delhi-110006.
RTI application filed on : 24/07/2008
PIO replied : 12/08/2008
First Appeal filed on : 18/09/2008
First Appellate Authority order : 10/11/2008
Second Appeal filed on : 21/1/2009
S.No Information Sought PIO's reply
1. Furnish the copy of answer sheet This information not give under RTI-
In merit list which candidate got 2005 Section/Act 11 and photocopy of
minimum marks. answer sheet is not give under RTI-
2005 Section/Act 8(e).
2. Roll No. 167 Candidate Mr. Candidate Sl. No. Roll No. 00167 has
Chattar Singh S/o Mr.Amar Singh got 38 marks in exam. The copy of
how much marks get him. Furnish answer-sheet is not given under RTI-
the copy of answer sheet. 2008 Section/Act 8(E).
3. Mr. Hardeep Singh S/o Mr. Ujagar This question is related to Building
Singh, Roll No. 00423, in Deptt./West zone, where Mr. Hardeep
Muncipal service when and which Singh currently working. And the
post. Furnish the copy of answer is given to according Service
appointment letter. book and personal file.
4. What is the salary and pay scale of -As above-
Mr. Hardeep Singh, in April and
May 2005.
5 What is the meaning of the answer This information is not giving under
are under consideration regarding Right to Information Act-2005 of the
Sl. No. 7,10,11,12,13,14,15 and Section/Act 11 & 2(f)
16. whether any comments/order
already written then what is the
problem for not giving photocopy
of that.
6. Mr. Hardeep Singh S/o Mr. Ujagar - As above-
Sigh related above Sl .No.
7,10,11,12,13,14,15 and 16 if case
is pending then furnish the
photocopy of case's all file.
7. On what basis Mr. Hardeep Singh On the basis of panel of written test.
S/o Mr. Ujagar Singh had been And Mr. Hardeep singh was also a
declaring succeeded. Give details. succeeded candidate.
The First Appellate Authority ordered:
The PIO(CED) is directed to make the information available from the service
book & personal of Sh. Hardeep Singh covering all the points. If the service book &
personal file is not available with the CED, it may be requisitioned from the concerned
department where he is posted and the information be made available to the appellant
within thirty working days positively.
Relevant Facts emerging during Hearing Held on 13/04/2009:
The following were present
Appellant : Mr. Chattar Singh Yadav
Respondent : Mr. V.S. Yadav PIO
The PIO has given information after the First appellate authority's order.
The PIO will provide a copy of the answer sheet sought in query 1 and also photocopy of
the service book.
Decision on 13/04/2009:
The appeal is allowed.
The information described above will be provided to the appellant
before 15 May 2009.
Facts leading to the Adjunct Decision:
The PIO (Assistant Commissioner, Estt.-I) provided the information to the Appellant vide a letter dated 13/05/2009. However, the Commission received a letter dated 04/10/2009 wherein it was alleged that order of the Commission had not been complied with. Copy of the answer sheet as sought in Query No.1 has not been provided to the Appellant as ordered in the Commission's order dated 13/04/2009. On this basis the Commission issued a notice on 14/10/2009 directing the PIO to furnish the complete information to the Appellant along with a direction to show cause why penalty should not be imposed on him under Section 20 of the RTI Act. Subsequently, the Commission received a letter dated 11/11/2009 from the PIO (Assistant Commissioner, Estt.-I) stating that the answer sheet in respect of Mr. Hardeep Kumar who had appeared in the Limited Departmental Competitive Examination on 11/09/2005 for filling up the post of LDC vide Roll No.423, Rank No.79 in General Category was sought from the concerned department. He further stated that the said test was conducted through EDCIL (India) Ltd., Govt. of India Enterprise. A copy of letter dated 03/11/2009 from the Manager Projects, EdCIL to the Assistant Commissioner, Estt.-I,MCD,CED was enclosed wherein it was informed that the relevant answer sheet was not traceable. Adjunct Decision announced on 12/01/2010:
The Commission directs the Manager Projects, EdCIL to file a police complaint for the theft/loss of the aforesaid answer sheet and provide the same to the Complainant along with a certificate from the Director, EdCIL certifying the theft/loss of the answer sheet before 04/02/2010.Further,copy of the police complaint and the certificate should be sent to the Commission before 09/02/2010.
Shailesh Gandhi Information Commissioner 12/01/2010 Copy to (for Compliance of the Commission's order):
Manager (Projects) Director, EdCIL House EdCIL House 18A, Sector-16A 18A, Sector-16A Noida-201301 Noida-201301
(In any correspondence on this decision, quote the complete decision number as mentioned above) (AK)