Central Information Commission
Mr.Shiv Charan Sharma vs Dtc, Gnct Delhi on 21 January, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001179/11094
Complaint No. CIC/SG/C/2010/001179
Relevant Facts emerging from the Complaint.
Appellant : Mr. Shiv Charan Sharma,
House No. 432/7, Ashok Mohalla,
Nangloi, Delhi -41.
Respondent : Ms. Renu Popli
Public Information Officer & Sr. Manager (P&SO) Delhi Transport Corporation, BBM Complex, New Delhi RTI application filed on : 09/07/2010 PIO replied : Not replied.
First appeal filed on : Not Appealed Complaint received on : 23/09/2010 Complaint notice sent on : 29/09/2010 Information Sought:
The Complainant has sought information regarding the procedure for the post of T.T.C. in DTC for the year 1982. The queries are:
1. Inform about the procedure of appointment of TTC and also the promotion of conductor to the post of TTC in DTC for the year 1982.
2. Provide with the copy of the order by which the medical leaves were cancelled for all the TTCs who were promoted from conductors for the year 1982.
3. Inform whether the terms and conditions mentioned that TTC can be dismissed. Also inform if any such orders have been made. Kindly provide with a copy of the same.
4. Provide with the copy of terms and conditions that were signed by Sr. No. 3 for the post of TTC.
5. Provide with a reason for the exploitation being done as the conductors have more MACs than the TTCs and their services are also not hampered in this regard, as are affected for TTC.
6. Provide with the copy of orders of dismissal of conductor by TTC.
Reply of Public Information Officer (PIO):
Not replied.
Ground for First Appeal:
No information received from the PIO.
Ground of the Second Appeal:
No information received from the PIO or the First Appellate Authority (FAA).
Submission received from the PIO, Delhi Transport Corporation: (After the complaint notice sent on 29/09/2010) The PIO vide letter dated 25/10/2010, received by commission on 29/10/2010 vide Diary No. 75914/10 intimated the Commission that the reply to the RTI Application dated 09/07/2010 was sent to the Complainant vide letter dated 06/08/2010. The para-wise reply furnished was as follows: Q1 the Application attached.
Q2.Order given on 13/11/1982 is clear. No other order has been given. Q3. As above.
Q4. If a person is appointed as TTC, then it is considered that the person has agreed to all the terms and conditions.
Q5. The name of the appointed person was given to the unit and thus, the person was considered to be of the same unit.
Q6. The TTC is not only following the general rules but also the rules of corporate office which changes from time to time.
Relevant Facts emerging during Hearing:
The following were present Complainant: Mr. Shiv Charan Sharma;
Respondent: Ms. Renu Popli, Public Information Officer & Sr. Manager (P&SO);
The PIO is directed to provide the specific information on the following to the Complainant: 1- If there is an appropriate order this will be provided. If there is no such order this should be stated.
2- Query-04: If there is any record showing that the employee had agreed to the change in the conditions. This will be provided. In case there is no such document/record this will be stated.
Decision:
The Complaint is allowed.
The PIO is directed to give the information as directed above to the Complainant before 30 January 2011.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 21 January 2011 (In any correspondence on this decision, mention the complete decision number.)(PBR)