Central Information Commission
Pawan Kumar Jain vs Ndmc on 20 August, 2020
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/NDMCN/A/2018/173800
Shri Pawan Kumar Jain, ... /Appellant
अपीलकता
VERSUS/बनाम
The PIO, ... ितवादीगण /Respondent
New Delhi Municipal Corporation,
Parliament Street, New Delhi
Through: Ms. Heeramani Dara,
APIO/Dy. Director present through
audio conference
Date of Hearing : 17.08.2020
Date of Decision : 20.08.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 27.08.2018
PIO replied on : 01.10.2018
First Appeal filed on : 15.10.2018
First Appellate Order on : No Order
2ndAppeal/complaint received on : 24.12.2018
Information soughtand background of the case:
The Appellant filed an RTI application dated 27.08.2018 seeking information on the following 4 points:
1. How many teachers and administrative staff of the NDMC schools availed LTC for travelling to Srinagar between the period 1.4.2016 to 30.06.2016?
Please provide the list of names and school locations relating to the staff whose LTC bills for the above period were submitted but not cleared till date.
2. For how many of the teaching staff, the pay-fixation as per 7th CPC has not yet been finalized and approved by the competent authorities? Please also mention the names and school locations of teaching staff who have not yet been given the benefit of 7th CPC.
3. How many of the above mentioned teaching staff retired in December 2016?
Page 1 of 3Please provide a list of their names and the schools from which they retired in December, 2016 and how many of them have got the benefit of 7th CPC till date.
4. The applicant herein had submitted application for six days' Earned Leave w.e.f. 24.10.2016 to 29.10.2016 and the application was submitted on 11.11.2016, but the same have not been sanctioned so far.
Please provide certified/attested copies of the file with margin notes - indicating the comments of the officials concerned.
(Queries reproduced Verbatim) The PIO (Edu.), New Delhi Municipal Council vide letter dated 01.10.2018 provided a point-wise reply to the Appellant.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 15.10.2018, which was not adjudicated by the FAA. Therefore, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the Appellant vide letter dated 06.08.2020, wherein he has relied upon a decision passed by a coordinate Bench in the matter of Amrika Bai v. PIO, EPFO, Raipur vide File no.
CIC/BS/A/2016/001238 dated 30.03.2017.
A written submission has been received by the APIO (Edu.) vide letter dated 13.08.2020, wherein he has stated as under:
"... it is submitted that the RTI (I.D. No. 645/2018(Edu.) reply has already been sent to the applicant vide letter no. D/1786/DS-II/Edu.Estt. dated 1.10.2018(copy enclosed). However, the para-wise reply of the said RTI are as under:-
(1) There is no such information is available as there are thousands of teachers are working in NDMC (Education Department). But the LTC case of Sh. Pawan Kumar Jain along with other case who were visited Srinagar during this period through private agents under packages are lying unsettled which are not in order under the rules.
(2) The pay fixation of all the teachers working in Education Department NDMC including the applicant has already been fixed under 7th CPC. (3) Seven teachers retired from the Council's services in December 2016 and all the pensionary benefits have been released to them including the applicant under 7th CPC.
(4) Sh. Pawan Kumar Jain,(applicant) Ex-Yoga Teacher retired on 31.12.2016 has submit his leave application in the Edu. Deptt. on 4.4.2019 for sanction of commuted leave for 6 days w.e.f. 24.10.16 to 29.10.2016 on account of urgent work. Accordingly, the said leave has been sanctioned as HPL for 06 days w.e.f. 24.10.2016 to 29.102016 under the rules vide O.O. No. 730 dated 21.5.2019. The payment/salary has also been released to the applicant for the said period."Page 2 of 3
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
Shri Amar Nath Gupta, Advocate and representative of the Appellant participated in the hearing on being contacted on the Appellant's telephone. He stated that the PIO has not provided a satisfactory reply in response to the RTI Application. He further stated that the hearing of the First Appeal was conducted on 19.11.2018 but no order has been passed by the First Appellate Authority till date.
Respondent is represented by Ms. Heeramani Dara, APIO/Dy. Director through audio conference. She submitted that the Appellant's grievance regarding earned leave, pay fixation has been resolved.
Advocate of the Appellant interjected to state that the Appellant's grievance was resolved after filing the Second Appeal. He further stated that he is not fully satisfied with the Respondent's conduct because PIO's reply is incomplete and the FAA has not given any order in the instant matter.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, Commission observes that the Appellant is not satisfied with the information received from the PIO and the First Appellate Authority, who has heard the matter but has not passed any decision/order. In view of this, Commission deems it fit to remand the instant matter to Shri R.C. Mukta, FAA/Director-Education, NDMC, 7th Floor, Palika Kendra, New Delhi who shall provide a fair hearing to both the parties and pass a reasoned, speaking order, with a copy submitted to the Appellant and another copy to the Commission by 15.10.2020.
With the aforesaid observation and direction, the instant Second Appeal is disposed off.
वाई. के . िस हा) Y. K. Sinha (वाई.
Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणतस ािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 3 of 3