Central Information Commission
A K Malik vs Home Department Gnctd on 19 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/HMDPG/A/2024/655869
A K Malik .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Department of Home, Home-III,
Govt. of NCT of Delhi, 5th Level,
C Wing, Delhi Secretariat, I.P. Estate,
New Delhi - 110002 .... ितवादीगण /Respondent
Date of Hearing : 02.09.2025
Date of Decision : 18.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 21.08.2024
CPIO replied on : Not on record
First appeal filed on : 03.10.2024
First Appellate Authority's order : Not on record
Compliance of FA order : Not on record 06.11.2024
2nd Appeal/Complaint dated :
Information sought:
1. The Appellant filed an (online) RTI application dated 21.08.2024seeking the following information:Page 1 of 6
"1) Whether the ACR/APAR of the members of Delhi Fire Service, GNCTD are prepared & maintained financial year wise i.e., 1st of April to 31st March OR they are maintained calendar year wise i.e., 1st January to 31st December. Along with the above information please provide copies of my APAR for the year 2012-13 & 2013-14 from your record.
2) Whether the Calculation of vacancies in the year 2012-13 & 2013-14 for the post of Divisional Officer (Fire) in Delhi Fire Service, GNCTD were carried out in conformity with DoPT OM 22011/9/89/Estt(D) dated 17/10/1994 OR they were calculated in conformity with OM number 22011/4/2013/Estt(D) which was issued on 08/05/2017 by DoPT for reporting vacancies to Departmental Promotion Committee.
Please provide copies of vacancy-based roaster of the Direct quota & promotion quota for the post of Divisional Officer (Fire) in Delhi Fire Service for the recruitment/vacancy years 2012-13 & 2013-14 from your record.
3) Whether Shri Atul Garg & Shri Than Singh Sharma Joined Delhi Fire Service as Direct incumbents through UPSC on the post of Divisional Officer (Fire) OR they joined Delhi Fire Service on the post of Divisional Officer (Fire) through promotion. Please provide copies of their appointment letters to the post of Divisional Officer (Fire) in Delhi Fire Service from your record.
4) Whether on 26th July of the vacancy year 2012-13 Shri Atul Garg & Shri Than Sing Sharma were promoted to the rank of Deputy Chief Fire Officer OR on 26th July of the vacancy year 2013-14 they were promoted to the rank of Deputy Chief Fire Officer.
Please provide the copy of the stand-alone note forwarded by Delhi Fire Service to Home Department for filling these two vacant posts of Divisional Officer (Fire) along with copies of their appointment letter to the post of Deputy Chief Fire Officer in Delhi Fire Service from your record.
5) Whether on 15th January of the recruitment/vacancy year 2012-13 the proposal for recruitment of two Divisional Officer (Fire) against the two vacant posts (which became vacant due to promotion of Shri Atul Garg & Shri Than Sing Sharma to the post of Deputy Chief Fire Officer) attained finality at UPSC OR it attained finality at UPSC on 15th January of the recruitment/vacancy year 2013-14. Please provide the relevant document for the same from your record.
6) Whether Shri Sanjay Tomar & Sh. A. K. Malik was recruited on the post of Divisional Officer (Fire) by UPSC against the recruitment proposal of 15th January of the recruitment/vacancy year 2012-13 OR they were recruited against the recruitment proposal of 15th January of recruitment/vacancy Page 2 of 6 year 2013-14. Please provide copies of their appointment letter to the post of Divisional Officer (Fire) in Delhi Fire Service from your record.
7) Whether Shri Vijay Bahadur & Shri Vipin Kental Joined Delhi Fire Service through promotion OR they joined Delhi Fire Service as Direct incumbents through UPSC on the post of Divisional Officer (Fire). Please provide copies of their appointment letter to the post of Divisional Officer (Fire) in Delhi Fire Service from your record.
8) Whether on 26th July of the recruitment/vacancy year 2012-13 Shri Vijay Bahadur & Shri Vipin Kental promoted to the rank of Deputy Chief Fire Officer OR they were promoted to the rank of Deputy Chief Fire Officer on 26th July of the recruitment/vacancy year 2013-14. Please provide the copy of the stand-alone note forwarded by Delhi Fire Service to Home Department for filling these two vacant posts of Divisional Officer (Fire) along with copies of their appointment letter to the post of Deputy Chief Fire Officer in Delhi Fire Service from your record.
9) Whether on 6th November of the recruitment/vacancy year 2012-13 Assistant Divisional Officer Shri S.S. Tuli & Shri Dharamvir Singh were promoted to the rank of Divisional Officer (Fire) against the vacancies created by the promotion of Shri Vijay Bahadur & Shri Vipin Kental on 26th July of the recruitment/vacancy year 2012-13 OR Assistant Divisional Officer Shri Shyam Lal & Shri Sumesh Kumar Dua were promoted to the rank of Divisional Officer (Fire) against the vacancies created by the promotion of Shri Vijay Bahadur & Shri Vipin Kental on 26th July of the recruitment/vacancy 2012-13.
Please provide the copies of the appointment letters of Shri S.S. Tuli & Shri Dharamvir Singh to the post of Divisional Officer (Fire) in Delhi Fire Service from your record.
10) Whether Shri H. L. Aneja & Shri Rajesh Panwar Joined Delhi Fire Service through promotion OR they joined Delhi Fire Service as Direct incumbents through UPSC on the post of Divisional Officer (Fire). Please provide copies of their appointment letter to the post of Divisional Officer (Fire) in Delhi Fire Service.
11) Whether on 17th May of the recruitment/vacancy year 2013-14 Shri H. L. Aneja & Shri Rajesh Panwar promoted to the rank of Deputy Chief Fire Officer OR they were promoted to the rank of Deputy Chief Fire Officer On 17th May of the recruitment/vacancy year 2012-13.
Please provide the copy of the stand-alone note forwarded by Delhi Fire Service to Home Department for filling these two vacant posts of Divisional Page 3 of 6 Officer (Fire) along with copies of their appointment letter to the post of Deputy Chief Fire Officer in Delhi Fire Service from your record.
12) Whether due to retirement of Divisional Officer (Fire) Shri Dharamvir Singh from service on 31/10/2013 one more vacancy of Divisional Officer (Fire) under promotion quota became vacant in the recruitment/vacancy year 2013-14 OR due to the retirement of Shri Dharamvir Singh one more vacancy of Divisional Officer (Fire) under promotion quota became vacant in the recruitment/vacancy year 2012- 13.
Please provide the copy of the stand-alone note forwarded by Delhi Fire Service to Home Department for filling this vacant post from your record.
13) Whether on 20th July of the recruitment/vacancy year 2013-14 three Assistant Divisional Officers i.e., seniority no. 25 Shri Shyam Lal, seniority no. 27 Shri Sumesh Kumar Dua & seniority no. 28 Shri Gurmukh Singh were promoted to the rank of Divisional Officer (Fire) against the three vacancies of the recruitment/vacancy 2013-14 created due to promotion/retirement of Shri H. L. Aneja, Shri Rajesh Panwar & Shri Dharamvir Singh OR on 20th July of the recruitment/vacancy year 2012-13 Shri Shyam Lal, Shri Sumesh Kumar Dua & Shri Gurmukh Singh were promoted to the rank of Divisional Officer (Fire) against the three vacancies of the recruitment/vacancy 2012- 13 created due to promotion/retirement of Shri H. L. Aneja, Shri Rajesh Panwar & Shri Dharamvir Singh.
Please provide copies of the appointment letters of Shri Shyam Lal, Shri Sumesh Kumar Dua & Shri Gurmukh Singh to the post of Divisional Officer (Fire) in Delhi Fire Service from your record."
2. Having not received any response from PIO, the appellant filed a First Appeal dated 03.10.2024. The FAA order is Not on record.
3. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Absent
4. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 06.11.2024 is not available on record.
Page 4 of 65. The Appellant inter alia submitted that neither the RTI application nor the FAA provided any reply to him till the date of hearing. He requested the Commission to take necessary action in the matter.
Decision:
6. The Commission after adverting to the facts and circumstances of the case, hearing the Appellant and perusal of the records, observes with serious concern that the PIO has failed to respond to the RTI application within the stipulated time frame as mandated under the RTI Act. This conduct is in clear violation of the provisions of the RTI Act and shows disregard towards the statutory duty cast upon the PIO. The present PIO, Department of Home, Home-III, Govt. of NCT of Delhi, is hereby cautioned to remain careful in future and ensure strict compliance of the provisions of the RTI Act. Any recurrence of such lapse may invite penal action under Section 20 of the Act.
7. The present PIO is further directed to provide complete and point-wise information to the Appellant, as available on record, in accordance with the provisions of the RTI Act, within three weeks from the date of receipt of this order, under intimation to the Commission.
8. The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 6 Copy To:
The FAA, Additional Secretary, Home-III, GNCTD, 5th Level, C-Wing, Delhi Secretariat, I. P Estate, New Delhi - 110002 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)