Date of Hearing : 22.05.2025 Date of Decision : 23.05.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:
RTI application filed on : 02.11.2023 CPIO replied on : Not on record First appeal filed on : 04.12.2023 First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 22.01.2024
Information sought:
1. The Appellant filed an RTI application dated 02.11.2023 (offline) seeking the following information:
"1. Provide the information, presently, in Punjabi Academy, since when the contractual employees (Full Time and Part Time) are working in this Society.
2. Provide the information about the facilities provided to contractual employee (Full Time and Part Time) by Punjabi Academy like ESI, 1 / 5
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Provident fund, Gratuity, Restricted Holiday, Paternity leave and medical leave in addition to salary. Provide a copy of the order / direction / office memorandum issued to Punjabi Academy by the Service department and Legal department regarding giving gratuity to the Contractual employees of Punjabi Academy.
3. Provide the information regarding salary structure of Contractual employees (Full Time and Part Time) of Punjabi Academy as per given format are as under:
Designation Scale Grade
Pay
%of
DA
H.R.A E.P.F E.S.I Gratuity Total Gross
Salary
4. Provide information regarding Delhi High court cases of contractual employee Vs Punjabi Academy as under:
Delhi High Court
Case No.
Order No. passed
by High Court
Regarding Action taken by Punjabi
Academy regarding Delhi
High Court order
"
2. Not having received any response from the CPIO, the appellant filed a First Appeal dated 04.12.2023. 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:
4. The following were present:-
Appellant: Not present.
Respondent: Shri Sukhjinder Singh, PIO along with Ms. Kawaljit Kaur, Nodal Officer, ICC and Shri Sunil Kumar, Steno, Punjabi Academy present in person.
5. The Respondent submitted that reply to instant RTI application has already been provided to the Appellant vide letter dated 15.02.2024 with the following information:
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"1.The detail of contractual staff of Punjabi Academy is as under:
a) Stenographer
1 No. DOJ February, 2009.
b) Contractual Punjabi Language (TGT/PGT)-Teacher TGT-54
PGT - Nil
c) Contractual Punjabi Language Teacher Deployed in MCD Schools. Asstt. Teacher Trained 34
Asstt.
Teacher
Untrained 53.
(The information asked by you consists of 11 pages. You are therefore, requested to deposit a sum of Rs.22/- (11 pages 2x11-22) in the office of Punjabi Academy)
2. a) There is no other facilities provided to contractual employees (full time & part time)
b) Gratuity will be given at the time of Retirement.
c) Gratuity is being given in compliance of Delhi High Court order dated
22.05.2023
(The information asked by you consists of 7 pages. You are therefore, requested to deposit a sum of Rs. 14/-(7 pages 2x7=14) in the office of Punjabi Academy.
Asstt. Teachers case as per Cabinet Decision. (The information asked by you consists of 3 pages. You are therefore, requested to deposit a sum of Rs.6/-(3 pages 2x3-6) in the office of Punjabi Academy)."
6. On being queried by the Commission regarding the reason for delay in giving final reply, the Respondent tendered his apology by stating that the reply was given by the then PIO, Ms. Manjit Kaur who has been retired. He took over the charge recently, therefore, he was unable to give proper reason for such delay.
Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records observes that the main premise of instant Appeal was no reply from the Respondent. In response to which, the Respondent claimed that a point-wise reply has been given to the Appellant vide letter dated 15.02.2024 and he tendered his unconditional apology for delay in reply by the previous PIO who has since 3 / 5
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retired with the prayer that the same may be condoned in the interest of justice.
8. The Commission finds no infirmity in the reply given by the Respondent now vide letter dated 15.02.2024 as the same was in line with the provisions of the RTI Act.
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
Copy To:
The FAA, Punjabi Academy, 122, Motia Khan, Sadar Bazaar, New Delhi -110055
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Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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