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Central Information Commission

Mrs.Shakuntlamittal vs Social Welfare, 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/A/2010/903469/11084
                                                                   Appeal No. CIC/SG/A/2010/903469

Relevant Facts emerging from the Appeal

Appellant                           :       Mrs. Shakuntla Mittal
                                            N-194, RS Block,
                                            Near Mani Ram Temple,
                                            Gali no. 14, Bhola Nath Nagar,
                                            Shahdara, Delhi- 32

Respondent                          (1):    Mr. Balbir Singh,

PIO & Distt. Social Welfare Officer(East), Department of Social Welfare, GNCTD, 10, Geeta Colony, New Delhi - 110092 (2): Mr. R. C. Paswan, DDO & HO Nursery Primary School for Deaf, Department of Social Welfare, GNCTD, Mayur Vihar, Phase-I, Delhi-110091 RTI application filed on : 10/08/2010 PIO replied : 09/09/2010 First appeal filed on : 06/10/2010 First Appellate Authority order : 27/10/2010 Second Appeal received on : 03/12/2010 Information Sought:

The appellant has sought information regarding:
1. On what ground and with whom permission my leave account was re-casted for the period from July 1993 to January 2009. Kindly provide the photocopy of the relevant orders.
2. At what ground my E.L. was deducted from time to time during July 1993 to January 2009.
3. Kindly provide the copy of the leave application, if any, applied by my self during the period from July 1993 to January 2009 including the photocopy of attendance register for the same period duly signed by the DDO/HO.
4. On what ground my pay was fixed with grade pay Rs. 4200/- whereas as per sixth pay commission report the grade pay for the teachers in pre revised pay scale of Rs. 5500-9000 is Rs. 4600/-.
Reply of the PIO:
1. Re-caste of leave account as per office record is under the competency of Head of Office.
2. As the applicant, remained absent from duty time to time during the period from July 1993 to Jan. 2009, so her earned leave was deducted by the Head of Office.
3. Photocopies of the leave applications and attendance register on which page, the name of applicant is mentioned, will be provided to the applicant on the payment of requisite fees.
4. The pay of the official was fixed inadvertently, now, the pay of the official is re-examined by Account Functionary (HQ) and fixed correctly.

Grounds of First Appeal:

Information was either not provided as question asked in RTI or shared partially.
Order of the FAA:
The PIO was ordered to provide the specific and point wise reply of the application within 15 days.
Note: The PIO has provided information after the order of the FAA on 10/11/2010 Ground of the Second Appeal:
Unsatisfactory and incomplete reply furnished by PIO.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mrs. Shakuntla Mittal;
Respondent : Mr. Balbir Singh, PIO & Distt. Social Welfare Officer(East); Mr. R. C. Paswan, DDO & HO, Nursery Primary School for Deaf, Department of Social Welfare, GNCTD, Mayur Vihar, Phase-I, Delhi-110091;
The PIO has provided the information but is now directed to provide the following information to the Appellant:
1- Query-1: The PIO will give information that no specific permission has been taken by the present HOS for recasting the earned leaves of the Appellant for the period 1993 to 2009. 2- The PIO is directed to provide the information about which attendance records are not available with the School.
Decision:
The Appeal is allowed.
Mr. R. C. Pawan. DDO & HO is directed to give the information as directed above to the Appellant 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.) (ST)