Central Information Commission
Mr. M.L.Gouhari vs Education Consultants India Limited on 8 December, 2008
CENTRAL INFORMATION COMMISSION
Room No.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110066.
Tel: + 91 11 26161796
Decision No. CIC /OK/A/2008/00951/SG/0443
Appeal No. CIC/OK/A/2008/00951/
Relevant Facts emerging from the Appeal
Appellant : Mr. M.L.Gouhari,
A-1/107 Janak Puri,
Delhi-110058.
Respondent 1 : Mr. N.S. Padmanabhan,
PIO, Education Consultants India Limited.
RTI filed on : 19/01/2008 PIO replied : 05/03/2008 First appeal filed on : 17/03/2008 First Appellate Authority order : 09/05/2008 Second Appeal filed on : 29/05/2008
The appellant wanted information about a particular enquiry:
S. No. Information Sought The PIO Reply
1. Whether Board of Directors of Rule 33 of Ed.CIL (conduct, discipline and appeal).
Ed.CIL or CMD had the power Rules 2003 provides for interview of the order
to issue instructions for such passed by the Appellate Authority. The Appellant
inquiry? If, yes than please preferred review of the order under the said rule
provide of such rules. based on which by exercising the power conferred
in Rule 33 the reviewing Authority ordered for de nova inquiry.
2. Please provide the copy of the It is incorrect the part of applicant to state that Sh.
rules/manner under which such Yogesh Gupta Ex-Additional Sec, MEA and inquiry/hearing has been Director on the Board of Ed.CIL was holding an instituted despite dismissal inquiry in the case. Sh. Kwatra dismissed from twice of Mr. I.P.Kwatra with the service by the Disciplinary Authority. In case to purpose. have rule position on the subject he may deposited an amount of Rs. 4/-, for supply of the documents.
3. How many times the cases of The Appellant is informed that two cases namely of officials have been reviewed Sh. Kwatra and Mr. Habbu were once reviewed by earlier, by which Authority & the reviewing authority i.e. Board of Directors under provision? Please provide the the provision of Rule 33. Copy of the relevant copy of the rules under which portion of Ed.CIL's CDA Rule will be supplied on above actions are covered and submission of the documentation fee mentioned also copy of rules under which above.
Board can review surpassing its own verdict or can empower CMD for such acts.
4. Please advice the consideration The Appellant is informed that the DPC meeting on with which the meeting of Dept. 17-12-07 was held in the Chamber of Sh. Yogesh Promotion Committee was held. Gupta the then Additional Secretary and Director on How many times earlier DPC's the Board of Ed.CIL due to Administrative were held outside the Ed.CIL's exigency. The details relating to as to how many office premises. Please provide times DPCs were held outside Ed.CIL is not really their complete details. Please available.
note that it is not an administrative decision but such act bring down the image of an organization.
5. After dismissal of Ms. Monalisa The Appellant has been informed that the Sen, Mr. Kwatra and Mr. information being sought is not clear. However, U.K.Habbu on completion of de what has been understood from the limit meaning nova inquiry what action has from the question, the Appellant is informed that as been taken for recovery of understood no arrears have been paid except arrears paid to them? subsistence allowance which were due.
The First Appellate Authority Ordered:
First appeal not made.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. M.L.Gouhari Respondent: Mr. U.S. Gaikwad present PIO representing Mr. N.S. Padmanabhan, PIO at the time of the application The respondent states that the queries are not for 'information' as defined under the Act. The Commission elicited the information required by the appellant after discussing with him and he confirms he would be satisfied if he was given the following information:
1. Copy of the Conduct rules which also cover the rules for conducting inquiries.
2. Copy of the orders based on which the enquiry against Mr. Kwatra was ordered.
Decision:
Appeal is allowed.
The PIO will provide the information on the following points to the appellant before 20 December, 2008.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties Shailesh Gandhi Information Commissioner 8th December,08.
(Any correspondence on this decision, mention the complete decision number.)