Central Information Commission
Mr. Shyam Sunder Lal vs Department Of Posts on 1 May, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No.CIC/BS/A/2012/000497/2379
01 May 2013
Relevant Facts emerging from the Appeal:
Appellant : Mr. Shyam Sunder Lal
Assistant, Department of Posts
VP Section, Dak Bhawan,
Sansad Marg, New Delhi- 110001
Respondent : CPIO & Assistant Director General(Admn.)
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001
RTI application filed on : 03/02/2012
PIO replied on : 01/03/2012
First appeal filed on : 07/03/2012
First Appellate Authority order : 30/03/2012
Second Appeal received on : 11/04/2012
Information sought:
(a) Please intimate and confirm that I was appointed as an LDC on Compassionate ground w.e.f. 1st May 1985 against direct recruitment quota in the Ministry of Communications, Department of Posts, new Delhi as per the Government guidelines/instructions.
(b) Please intimate and confirm that undersigned belongs to selection list of LDC for the year, 1984 since the period of select list, 1984 commences w.e.f. 01/07/1984 to 30/06/1985 and I was also appointed during the period of select LDC for the year, 1984 (i.e. on 1 st May 1985).
(c) Please intimate and confirm that vacancies of lower divisions clerks grade for the select list year 1984 cover the period from 01st July 1984 to 30th June 1985 as per the central secretarial clerical service rules, 1962.
(d) A copy of the order of my appointment as an LDC on compassionate ground may please be provided to me under RTI Act 2005.
(e) I may please be permitted to inspect the relevant file wherein my appointment on compassionate ground was dealt with.
Grounds for the Second Appeal:
The requisite and correct information as per the Central Secretariat Service Recruitment Rules and available information/records may please be provided as per the RTI Act, 2005.
Relevant Facts emerging during Hearing:
The following were present Page 1 of 2 Appellant: Mr. Shyam Sunder Lal, Through T.C (Mob: - 9013536137) Respondent: Mr. Sanjay Mehta CPIO, (PH: - 23036555) The appellant stated that he has not been provided the correct information regarding his seniority in LDC grade. He contended that he was appointed on compassionate grounds w.e.f. 01/05/1985 and should have been included in the select list of 1984 as the period of select list commences w.e.f. 01/07/1984 to 30/06/1985 whereas the respondent have placed him in the select list for 1985. The CPIO stated that the information requested by the appellant in his RTI application dated 03/02/2012, as available on record, has been furnished to him vide letter dated 01/03/2012. He added that under the RTI Act the CPIO is expected to provide the information/documents as available on record and the appellant cannot agitate his grievance before the Commission. He further stated that the appellant had contested the matter before the appropriate forum and the department's action has been upheld by the Hon'ble Delhi High Court vide order dated 22/03/2013.
Decision notice:
From the CPIO's submissions it is clear that the information, as available on record, has been furnished to the appellant.
The CPIO, under the RTI Act, is required to furnish the information/documents as available on record; however, redressal of grievance, reasons for non compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act.
The matter is closed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. In any correspondence on this decision, mention the complete decision number.
BASANT SETH Information Commissioner Page 2 of 2