Central Information Commission
Mr. Rajesh Gouhari vs Ministry Of Human Resource Development on 21 January, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/WB/A/2010/000684AD
CIC/WB/A/2010/000912AD
Date of Hearing : January 21, 2011
Date of Decision : January 21, 2011
Parties:
Applicant
Shri Rajesh Gouhari
A1/107, Janakpuri
New Delhi - 110058.
Applicants Shri Rajesh Gouhari ( for 1st case) and Shri M.L.Gauhari ( for 2nd case) were
present .
Respondent(s)
EdCIL (India) Ltd,
18A, Sector - 16A
Noida.
Represented by : Shri U S Gaikwad, PIO
Shri M A Khan, SO, CVC
Shri Aditya Ranjan, Sr.Ex.Legal
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decisions
In the Central Information Commission
at
New Delhi
File No: CIC/WB/A/2010/000684AD
Adjunct to the captioned CIC Order No.CIC/WB/A/2020/000684AD dated 29.12.10
Background
1. The decision in the captioned order dated 29.12.2010 is as follows :
"During the hearing, the respondent submitted that the complaint was forwarded to them by CVC through MHRD and that the investigation was over and the case has been referred back to CVC through MHRD for further action. He also added that the CVC is the custodian of information sought. Hence information can be provided by PIO, CVC. The Commission after hearing the submissions by both sides accordingly adjourns the hearing to 21.1.2011 at 10.30 a.m to be held in the chamber of the Commissioner to give a chance to the PIO, CVC to be heard."
Decision
2. During the hearing the Respondent from the Central Vigilance Commission provided a copy of the investigation report on the complaint dated 26.9.2008 as sought by the Appellant . With regard to action taken by the Management of EdCIL on the investigation report, the Respondent from the EdCIL submitted that the designated agency to deal with PIDR matter is CVC. He produced before the Commission , the office Order in this connection issued by the Secretary CVC dated 17.5.2009. The Commission having noted that the comments/recommendation by EdCIL have been sent to CVC for a final decision to be taken by the CVC on the basis of these inputs recommends strongly that the decision be taken and conveyed to the Appellant preferably within a month of receipt this order . The CPIO, MHRD may convey this recommendation to the concerned officer in the Vigilance Commission.
3. The appeal is accordingly disposed of.
File No: CIC/WB/A/2010/000912AD Adjunct to the captioned CIC Order No.CIC/WB/A/2020/000912AD dated 29.12.10 Background
4. The decision in the captioned order is as follows:
......The Commission after hearing the submissions by both sides accordingly adjourns the hearing to 21.1.11 at 10.30a.m. to be held in the chamber of the Commissioner in Club Building, Old JNU Campus, New Delhi - 110067 to give a chance to the PIO , CVC to be heard.
Decision
5. The copy of the investigation report was already provided during the hearing in appeal no.
CIC/WB/A/2020/000684AD During the hearing the Respondent reiterated his contention that no information is available with regard to point no.2 of the RTI Application. The Commission after hearing both sides directs the PIO, MHRD to furnish an affidavit to the Commission with a copy to the Appellant affirming the fact that no information with regard to whether some of the remarks given by CMD as per para 2 of the letter dated 26.6.09 are available on record and giving reasons for their non availability. As for point no. 3, the Commission holds that the same is not covered under the RTI Act. The information may be provided by 25.2.2011.
6. The appeals are accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Rajesh Gouhari A1/107, Janakpuri New Delhi - 110058.
2. Shri M.L Gouhari H.No.A1/107 Janakpuri New Delhi - 110058.
3. The Public Information Officer EdCIL(India) Ltd Ed.CIL House 18A, Sector - 16A Noida - 201301.
4. The Appellate Authority EdCIL(India) Ltd Ed.CIL House 18A, Sector - 16A Noida - 201301.
5. The PIO Central Vigilance Commission Satarkta Bhawan Block - A GPO Complex INA New Delhi.
6. Officer Incharge, NIC.