Central Information Commission
Davinder Kapoor vs Department Of Home on 23 February, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DHOME/A/2022/663485
Shri Davinder Kapoor ... अपीलकता /Appellant
VERSUS/बनाम
1. PIO, ... ितवादीगण /Respondent
Ministry of Home Affairs
2. PIO,
NDMC
Date of Hearing : 23.02.2024
Date of Decision : 23.02.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 30.08.2022
PIO replied on : 30.09.2022
First Appeal filed on : 03.10.2022
First Appellate Order on : 31.10.2022
2ndAppeal/complaint received on : 30.11.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 30.08.2022 seeking information on following points:-
"Dear sir file no 14011/30/2018 the of regularization of RMR employees has sent from new Delhi municipal council for mha approval in which a lot of time has passed sir we should be in informed that whatever action is in the file till date where and from where the approval has given a copy of all these Dear sir we should also be informed that by when the file approval from MHA will come to the New Delhi municipal council so that the process of confirmation can start in the New Delhi municipal council"
The CPIO vide letter dated 30.09.2022 replied as under:-
"2. In this regard, it is stated that the responses sought in the application is not covered under the definition of "information" as given in section 2(f) of the RTI Act, 2005."Page 1 of 3
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.10.2022. The FAA vide order dated 31.10.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 19.02.2024, has been received from CPIO/Director, Ministry of Home Affairs and same has been taken on record. The relevant extract whereof is as under :
"...I wish to hereby place on record my written submission before the Central Information Commission in the above-mentioned case, as under: -
That the RTI application dated 3O.O8.2O22 (Registration No. MHOME/R/81221O3256 dated 30.O8.20221 from Shri Davinder Kapoor was received on 3L.O8.2O22. The applicant sought information relating to file number L4Oll/3O12018 forwarded by NDMC for regularization of Regular Muster Roll employees of NDMC.
That the applicant has not asked specific information and therefore, CPIO replied vide this Ministry's letter dated 3O.O9.2O22 that the information sought through application is not covered under the definition of information" as given in section 2 (f) of the RTI Act, 2005.
Thereafter, the Appellant filed an appeal dated O3.1O.2O22, against the CPIO's reply dated 3O.O9.2O22, alleging that CPIO refused access to information requested. The First Appellate Authority vide order dated 3L.1O.2O22 communicated to the appellant that no specific information had been sought through RTI application and CPIO aptly replied to the query. Hence, the information sought is not covered under the definition of information as given in section 2(f) of the RTI Act, 2005.."
Written submission dated Nil has been received from Dy. Director, NDMC and same has been taken on record for perusal. The relevant extract whereof is as under :
The matter of Sh. Davinder Kapoor was concerned with regularization of RMR worker of NDMC. Sh. Davinder Kapoor has already regularized as Palika Sahayak vide appointment letter No.127/CGIT/2023 dated 03-05-2023. Accordingly, he has been joined on 04/05/2023 in the Co-ordination Department Facts emerging in Course of Hearing:
Appellant: Present in person.
Respondent: 1. Mr. C.P. Vinod Kumar, US, MHA Page 2 of 3
2.Ms. Asha Verma, Dy. Director, NDMC The Appellant stated that he had sought information relating to the action taken and file noting with respect to regularization of RMR worker of NDMC. He further stated that service of RMR worker of NDMC has been regularised in the year 2023.
The Respondent stated that the underlying issue of the instant matter has been resolved. They further submitted that the Appellant was mainly concerned with regularization of RMR worker of NDMC. Furthermore, the Appellant has already regularized as Palika Sahayak vide appointment letter dated 03-05-2023.
Decision:
At the outset, Commission directs the concerned PIOs to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submissions filed by the Respondents are comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल साम रया) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3