Central Information Commission
Smt. Usha Khanna vs Delhi Development Authority on 4 September, 2009
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/000627
Appellant : Smt. Usha Khanna
Public Authority : Delhi Development Authority
(through Shri Raj Pal Singh, Dy. Director (CR)
Shri Gur Charan Singh, Asstt. Director (CR).
Date of Hearing : 04.09.2009
Date of decision : 04.09.2009
FACTS :
The matter, in short, is that appellant Smt. Usha Khanna joined DDA way back in 1979. She took voluntary retirement in the year 2006, when she was holding the rank of Field Inspector. She was granted I ACP at the right time but II ACP has not been granted to her till date. In this connection, she has filed RTI application dated 10.04.2008 wherein she has sought information as to why II ACP has not been granted to her.
2. Shri Raj Pal Singh, Dy. Director (CPIO) sent a letter dated 25.04.2008 with the approval of the Director (Pers)(CPIO) to her saying that II ACP could not be granted to her due to her past performance/service record. The first appeal filed by the appellant was decided, again, by said Raj Pal Singh, Dy. Director (Pers) with the approval of Commissioner (Pers)(AA) vide letter dated 05.06.2008, stating that there was no merit in her case.
3. The present appeal is directed against the orders of CPIO/AA.
4. Before coming to the merit of the case, we would like to observe that the CPIO in this case is Director (Pers) and the first Appellate Authority is Commissioner (Pers). The decisions of both CPIO and FAA have been conveyed under the signatures of Shri Raj Pal Singh who is neither the CPIO nor the FAA. This kind of decision making is not contemplated under the provisions of the RTI Act. This also is indicative of lurking misunderstanding regarding the duties and responsibilities on the part of CPIO and FAA. Legally speaking, the RTI application of Smt. Khanna and the first appeal remains undecided at the level of CPIO/FAA.
DECISION
4. In view of the above, the decisions of the CPIO and the First Appellate Authority, as conveyed by Shri Raj Pal Singh, Dy. Director, are declared illegal and set aside. Shri Devesh Singh, Director (Pers) (CPIO) is hereby directed to decide the RTI application of Smt. Usha Khanna afresh in 04 weeks time. He would send a copy of his decision to the Commission.
5. The appellant would be at liberty to file first appeal before First Appellate Authority if she is dissatisfied with the decision of CPIO and the former would entertain the appeal in relaxation of the time frame prescribed u/s 19(1) of the RTI Act and decide it on merit.
6. The appellant would also have the liberty to move the Commission again if she is dissatisfied with the decision of the Appellate Authority.
(M.L. Sharma) Central 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.
(K.L. Das) Assistant Registrar Address of parties :-
1. Shri Raj Pal Singh, Dy. Director (CR) Delhi Development Authority Vikash Sadan, INA, New Delhi - 110 023.
2. Smt. Usha Khanna B-IV/5 Old Double Storey, Lajpat Nagar, New Delhi - 110 024.