Central Information Commission
D. R. Kori vs New Delhi Municipal Council on 31 July, 2019
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No. CIC/NDMCN/A/2017/185969
Shri D.R. Kori ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/NDMC, Auto Workshop, ...प्रनतवादीगण /Respondent
Laxmi Bai Nagar, New Delhi
Through: Sh. Ramesh Sharma - EE, Sh. Rishi
Kumar, Sh. A K Vashishtha
Date of Hearing : 30.07.2019
Date of Decision : 31.07.2019
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 23.05.2017
PIO replied on : 04.07.2017
First Appeal filed on : 07.07.2017
First Appellate Order on : Nil
2ndAppeal/complaint received on : 22.12.2017
Information soughtand background of the case:
Appellant filed RTI application dated 23.05.2017 seeking information regarding various points, including the following;
1. Inform the procedure for allotment of staff car/vehicle to a serving municipal officer by name.
2. Inform as to whether a staff car/vehicle can be allotted to any serving municipal officer by name without a requisition from him as per rules.
3. Provide authenticated copy of requisition against which the any vehicle have been issued to undersigned.
4. If yes, give the authenticated copy of the order along with relevant record on the basis of which recovery has been made of transport and conveyance allowance of undersigned.
PIO/NDMC, Auto Workshop, vide letter dated 04.07.2017 furnished the point wise reply to the appellant.
Page 1 of 2Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 07.07.2017 which was not adjudicated, therefore appellant filed Second Appeal before the Commission.
Facts emerging in Course of Hearing:
Both parties are present for hearing. Deliberations during the course of hearing reveal that while vehicles in the department are allotted in the name of the division, some of the employees, including the appellant have been held responsible and certain amounts of money were recovered from their salary. Respondent states that the recovery was made pursuant to directions by the Vigilance after an enquiry was conducted against the appellant and group of 15 more employees. A copy of the order dated 10.10.2012 by Director, Vigilance, NDMC has been placed on record by the respondent in support of their averments.
Decision After hearing the parties and perusal of records in this case, it is noted that the matter relates to recovery of amounts from 16 employees of NDMC under orders of the Chairperson, NDMC for availing transport allowance & conveyance allowance facility although municipal vehicles were allotted to them for performing official duties.The appellant is aggrieved by the order of recovery and has approached this Commission with the instant case under RTI Act. Information as sought by the appellant has been made available to him, but his actual cause of grievance which is the recovery made from his salary has not yet been addressed to his satisfaction. It is noted from perusal of records that the First Appellate Authority has failed to adjudicate the issue. The entire case rests on grievance of the appellant with the act of the employer. This Commission cannot decide such inter se disputes between employer- employee, within the precincts of the RTI Act.
Under the given circumstances, and in terms of the prayer of the appellant, the Commission hereby directs that the instant matter should be remanded to the Secretary, NDMC to ensure that the appellant is given an opportunity of fair hearing and a reasoned order is passed, addressing the grievance of the appellant.
The appeal is disposed off with such directions.
Y. K. Sinha (वाई. के . नसन्हा) Information Commissioner(सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/011-26180514 Page 2 of 2