CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 F.No.CIC/YA/A/2014/001712 Date of Hearing Date of Decision

: :

18.02.2015 25.02.2015

Appellant

:

Shri Subhash Chandra Agrawal Delhi

Respondent

:

Shri Sachin Jain, PIO/Dy. Dir. Dr. Ramesh Kumar, PIO(H)/CMO Dr. P.K. Sharma, FAA Health Dept. New Delhi Municipal Council (NDMC) New Delhi

Information Commissioner

:

Shri Yashovardhan Azad

: : : : :

09.04.2014 13.05.2014 24.05.2014 10.07.2014 27.07.2014

Relevant facts emerging from appeal: RTI application filed on PIO replied on First Appeal filed on First Appellate Authority (FAA) order on Second Appeal received on Information sought: The appellant sought information regarding distribution of sweets/gifts on several festivals/occasions by NDMC and relevant rules/norms in that regard. Relevant facts emerging during hearing: Both parties are present. The appellant filed an RTI application on 09.04.2014, seeking the above information. PIO(Health) provided point-wise information. FAA/Medical Officer of Health in his order gave detailed explanation to the appellant. The appellant stated that the respondent in point no. 5 of the RTI application has sought further fee, whereas the reply was sent after the stipulated time period of 30 days. Thus, the relevant record should be provided to him free of cost. The respondent present agreed for the same. The appellant further stated that in point no. 2, he had sought specific rules/norms but the respondent has given vague reply. The respondent stated that since they do not have any specific rules/norms in this regard, they cannot provide the information sought. The appellant stated that if there is no such rule/regulation then the same should have been categorically stated.

On query by the Commission as to on what festivals are the sweets distributed, the respondent stated that earlier it was only on Diwali, but now sweets are distributed also on the festival of Holi. Decision: After hearing both the parties and on perusal of record, the Commission directs the respondent to provide information on point 5 to the appellant, free of cost. Further, the CPIO is directed to provide a copy of rule/regulation as sought on Point 2 of the RTI application, if the same is available on record; in case it is not available, then the CPIO is directed to categorically state the same. The information shall be provided to the appellant within two weeks of receipt of this order, under intimation to the Commission. Further, the Commission recommends that the sweets distribution should be done on National Festivals, in order to promote the cultural diversity of the Nation. A copy of this order may be marked to Commissioners, North DMC, South DMC and East DMC for necessary action. The appeal is disposed of accordingly. (Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission. (B.D. Harit) Deputy Secretary & Deputy Registrar

Shri Jalaj Shrivastava ji Honourable Chairman New Delhi Municipal Council (NDMC) Palika Kendra, Sansad Marg New Delhi-ll0l02

Dear Sir

I am in receipt of your letter DO No F/D/1769/MOH/383/CP dated 27.05.2014 in

reference to published news-item on response to my RTI petition on sweets distributed to NDMC employees on Holi-2014 incurring an exp nse of about rupees 92 lakhs, a new tradition started this year at a time when Uni n government and other public-authorities are supposed to take austerity-measure. I thank you for being so sensitive to the new-items concerning the public-authori , you chair.

Sharing festive-gesture with employees that too in centenary-year l elebrations of NDMC is indeed a welcome gesture. But at the same time, it ShOr d be kept in mind that such steps burden budgets of public-authorities where most citizens in NDMC area earn much Jess than what NDMC employees earn.

-

herefore new

traditions costing public-authorities sho~ld be avoided. Discontinuin, such practice later to save funds may develop undesIred protests by NDMC emp oyees. Rather demands for such distribution of sweets on other festivals cannot be ruled out which may definitely cause problems for NDMC.

T have also raised other points in my RTI petition which may de r

m~ny

otl1er

related points like also if all the 22000 NDMC employees got Holi- weets or not, and mode of distribution of Holi-sweets etc. etc. Appeal-order in Ihis respect is likely to clear these points.

It is my view that filing of my RTI petition on the subject may . e used as an opportunity to discontinue such practice of distributing sweet

to NDMC

employees only on some selected festivals well in advance of c 1 ming Diwali festival. Otherwise problems like mentioned above are likely to be there for NDMC in future . Decision is yours!

Regards

SUBHASH CHANDRA AGRAWAL ((ill il1i1ess

Record Holder & RT! AClil'ist)

1775 Kucha Lattushah Dariba, Chandni Chowk DELHI 110006 (India) Mobile .

9810033711Fax

23254036

E-mail

su [email protected]

Web www. subhashmadhu.com

02.06.2014

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NEW DELHI MUNICIPAL COUNCIL

~ c?~JIAS

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B.

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ll'Pf. ~

~- 110102

Palika Kendra . Sansad Marg. New Delhi-110102

Chairman

O.O .No.F/O/1769/MOH/ 3 83/Cf May 27,2014

Dear ~ ~, I read with interest and some concern, a news item published in a section of the Press, based on an RTI reply given to you by NOMC. It would appear that the RTI reply did not bring out all the relevant points, which I am attempting to apprise you. 2. There is a tradition in NOMC that -every year on the eve of Oiwali, sweets were being distributed to the Safai Karamcharis. We had been distributing sweets to around 12000 Safai Karamcharis. Last year, the expenditure of this was RS.30 lakh-odd, amounting to RS.260/- per packet or so. 3. Presently, also since NOMC is celebrating its Centenary year, we decided that instead of confining ourselves only to the Grade-IV Safai Karamcharis, we should involve, not just the regular employees but contract workers, regular muster roll and even the temporary muster In roll workers. These totalled about 22000 people. addition, I also ensured that high quality sweets were ordered (after obtaining quotations with market survey, a fairly transparent process, you would appreciate) and also specifically including three herbal colours in every packet. The per packet cost came to RS.374/- plus VAT. 4. I am sure you will appreciate that this was not in the nature of frittering away revenues, but our humble attempt to be inclusive to especially our contract and muster roll employees who were never before given such sweets/festivity share. Tel.: 91 11 23743579. 23742269, Fax : 91 11 23742762

email: [email protected] n. [email protected]

Continuation Sheet

5. I would further welcome any query on this issue, preferably directly addressed to me, as it seems this gesture was also picked on by some inadequately informed section. I continue to believe in NOMC sharing some festive gesture with each and every worker equally (The Chairman getting exactly the same packet as a temporary muster roll worker). I may also add that during my posting in OSIIOC, I was doing exactly this, on festive occasions. And I further hope I do not change this personal commitment to sharing with my entire team , moments of joy and festivity.

With W~' Yours sincerely,

~ - '

(Jalaj Shrivastava)

Shri Subhash Chandra Agrawal, 1775 Kucha Lattushah, Oariba, Chandni Chowk, Oelhi-110 006

\

OFFICE OF THE PIO (HEALTH)

ROOM NO. 1010, 10TH FLOOR

NEW DELHI MUNICIPAL COUNCIL

PALIKA KENDRA, NEW ~ELHI

NO.

D-a.~~ LPIO(H) /20 14.

Dated:- Vb - :; ~/~

To, Mr. Subhash Chandra Agarwal

1775 Kucha Lattushah

Dariba Chandni Chowk

~Delhi':.ll 0006

\ ...........

SUB:-APPLICATION SEEKING ,NF9RMATION (Health) UNDER RTI ACT, 2005.

ID No. 9751/2014

~

With reference to above mention your RTI application, the information provided by concerned official of Public Health Department, NDMC is attached. If you are dissatisfied with the information supplied, you can file

appealbefore

First Appellate Authority

-.=

Medical Officer of Health,

NDMC, Dr. P.K. Sharma, Room No. 1002, 10th Floor, Palika Kendra, Sansad Marg, New Delhi-l 10001, Ph. 23742752 within 30 days.

\v-v:: ./ ,\.~(

­

PIO(Health) Off. No. 23745323

Copy to:­ 1. PIO(GA) - for submitting the reply of question no. 6 & 7 pertains to you to the applicant directly and a copy of the same to undersigned. 2. Office Copy

L

(

I HEALTH DEPARTMENT NEW DELHI MUNICIPAL COUNCIL i

Sub:· Information under RTI Act-200S. ,

Ref.:-Seeking assistance under RTI Act-200S in respect of information demanded through 10 No.97S1/2014 (Health) filed by Sh. Subhash Chandra Agarwal. 177S. Kucha Lattushah Dariba. Chandni Chowk, Delhi-110006. The parawise reply of above mentioned RTI application is as under:­ Reply S.No 1 This is a welfare measure. NDMC has been distributing sweets to Safai . troGured from MIs. Kaleva on a total cost of Rs. 6,70,163/- for distribution to the Sanitation Staff of Health Department on the eve of the Diwai. In the year 2013, sweets were procured from MIs. Nathu Sweets on a total cost of Rs. 30,20,242/­ for distribution to the Sanitation Staff of Health Department and a" Group D Employees of NDMC including contractual on the eve of the Diwali. In the year 2014, sweets were procured from MIs. Nathu Sweets on a total cost of Rs. 91,95,0701- for distribution to all NDMC employees on the eve of Holi. 4. In the year March, 2014, sweets were procured on a total cost of Rs. 91,95,070/­ for distribution to all NDMC employees on the eve of Holi. 5. For obtaining the copy of the relevant noting portions of the file, you are requested to deQosit the Rs.16/- in the municipal treasury on any working day-, 6. The subiect matter ~ertains to GA Department. 7. The subject matter pertains to GA Department. No specific question I 8. 9. No specific question

ctJ~

SO (HG)

NEW DELHI MUNICIPAL COUNCIL.

GENERAL ADMINISTRATION DEPARMENT. Room No 4003 Palika Kendra, Sansad Marg, New Delhi 110001

Shri Subhash Chandra Agrawal,

1775, Kucha Lattushah,

Dariba, Chandani Chowk,

Delhi - 110006.

Sub: Application Seeking Information ID No 975112014 (Health) Under RTI ACT, 2005. Kindly refer to your letter dated 09.04.2014 on the subject cited above. Only point no 6 & 7 pertains to General Administration Department. The replies of the same are as under:­ Point.No

6

7.

Reply .Point Raised Complete information A copy of expenditure as well as approved Hospitality on office - bearers (like Allowance circular/office orders are enclosed. List of Chairperson) entitled enclosers. for entertaining visitors I. Expenditure statement May 2013 to April 2014. 2. Circular no D/256/S.0(G) at NDMC expense dated30.04.2013. mentioning budgetary 3. Office order no D/423/S0(G) dated 11.07.2013 allocation for each such 4. Office order no D/870/S0(G) datedll.l2.2013 entitled person for five years separately for A sum of Rs 8 lacs (Eight lacs) allocated to the each year. General Administration Department for the Financial Year 2013-14 and out of this Budgetary allocation a sum ofRs 6,67,554 during the Financial Year. (General Branch has been delegated this from 30.04.2013). 1. Expenditure statement May 2013 to April 2014. Complete information is enclosed on expenses made on tealcoffee/soft­ drinks/snacks/other eatable items etc and other such expenses on entertaining visitors at office of (a) Chairperson (b) other entitled (separately for each entitled one) for such expenses in last five years separately for each year.

The above information is provided by concerned officials of GA department If you are dissatisfied with the information supplied, you can file appeal before First Appellate Authority Director (General Administration), Room No 5001 ,Palika Kend Sansad Marg, New Delhi.

p

10 ~

S~No.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

' Designation CHAIRMAN SECRETARY FINAI'lCIAL ADVISOR CHIEF AUDITOR VICE CHAIR PERSON SH. ASHOK AHUJA (MEMBER) SH. KARAN SINGH TANWAR (MEMBER) SH. SUKA RAM (MEMBER) SH. I.A SIDDIQUI (MEMBER) , LEGAL OFFICER DIRECTOR (PERSONNEL) DIRECTOR (FINANCE) DIRECTOR (VIGILLIANCE) DIRECTOR (ESTATE-I) DIRECTOR (GENERAL ADMINISTRATION) DIRECTOR (PUBLIC RELATION)

Amount 181965 53842 48000 39879 12504 24000 10000 17914 15086 19280 22000 6180 17689 14000 17967 22716

Period MAY'13 TO APRIL'14 MAY'13 TO APRIL'14 MAY'13 TO APRIL'14 MAY'13 TO APRIL'14 MAY'13 TO IVIARCH'14 MAY'13 TO APRIL'14 MAY'13 TO SEP'13 AUG'13 TO APRIL'14 SEP'13 TO APRIL'14 MAY'13 TO AP.RIL'14 MAY'13 TO APRIL'14 JUNE'13 TO SEP'13 MAY'13 TO MARCH'14 SEP'13 TO MARCH'14 JULY'13 TO MARCH'14 APRIL'13 TO APRIL'14

Total

523022

(J

:eQ z

nt:1I1I ut:....n.l.

'-'':In., ............... .... ...,..., ......... ....

PALIKA KENDR \: NEW DELHI

GENERAL BRANCh: Room No.4003

~

No~ f) 1.9s7; /S.O. I,

(G)

Dated

'30 It) ttl!!]

With the a.pproval of the Competent Autllority, NDMC, the Hospitality Allowances have been revised as under:­

If5.N--,---------.--.--------...... s. No. Officers

--._-!

Existi ng AlJowance

i

In { In {) .I Cb.~JEp'_erson "._,,_....,...._.... ___ ... _____ .. _..._~..... ______._.. ~Qjl!:IJ!~e~__,~.nlimi=te~d--i

~_._~.__

,.. __...2_ yif~.~hairl?~r..s.9f.!., ... _. __...___.....___..._...__...______ ?Q.Q.9L:__._ .... _:?:....... _ M~mQ.e.!~..._... .... _.. ......... .....__ ,__ .... _.._ .....__.....1.999.1.:.__ . ._. 4. 5.

Secreta Financial

. Advisor,

E-n-C,

Chief

Auditor,

2000 Cvo,'12000/-'

.....6:'" ."' ~L~~;~~;~~~~)c';'~~~h.~~:nc5~~:;,~.~l~~),secu rii:y"r ioooi:""" .

Revised j Allowance,

40..Q_0,--_~

,20Q..Q/.: 4500 • 4000/­

'-2000/---"-'"

Officer & Fire Officer . .....................- ..... -....... ".. " ......,.... -...... . .... _........ -." .... - .....----,- ..- - -..--. All SEs, Dy.MOH, CMOs posted ·n Headquarter 1000/­ 1500/­ {E9.l:!rl. 90.9__Cl.f!.e Epid~.~!9J()gi~t. __ .. "'" .......... _.........., ........_...._ ..., _...._.._____.._ ._~d.gJ·_QY..~ .. <;bJE::fAu~ito[t_'~WQm... _......._- ...... __ .. Zs.QI~.. _"._.. )0001..::"..__ CMO and Inchar e International InoeJlation 500/­ 750/­

I·.... ·... - ..- ....- .".., -......- . -...-.......... ,I

7.

,

9.

L..... __.... i . . ~.'-. -



Further, reimbursement of hospitalit., ::~ApAnses in respect of Council, Clairpefson Office, Secretary Office and other Departments Which are purely administrative in nature viz. Vigilance and Law Department etc. will be mace by the General Administration Department: Reimbursement of Hospitality Allowances of the rest of HODs/Sr. Officers will be made under the relevant function code through their fields/accounting units for which budget has been provided under the major head 220 \\Administrative Expenses" by using their delegated powers within the cost ceiling fixed for reimbur5ement of Hospitality Allowance. ~

~·~lt-13

(R.S. GODBOLEY) Director (GA) Copy to:­ 1. 2. 3. 4. 5. 6. 7. 8.

Vice Chairperson, NDMC Members F.A. L.A. Chief Auditor All HODs PS to Chairperson for kind informatk' ,n PS to Secretary for kind information

'1'

zrift<;li a~.t.m:

NEW DELHI MUNICIPAL COUNCIL

GENERAL ADMINISTRATION DEPARTMENT

PALIKA KENDERA NEW DELHI

Dated

Ref. No.:D/ l£23 /50 (G)

ll~

-:z. I J

OFFICE ORDER With the approval of the Competent Authority, NDMC, the Hospitality (

Allowances of Chief Architect has been revised from

~1000/-

to

~4000/-.

Further, Reimbursement of Hospitality Allowance will be made under the relevant function code through their fields/accounting unit for

~hich

budget has

been provided under the major head 220 "Administrative Expenses" by using delegated powers within the cost ceiling fixed for reimbursement of Hospitality Allowances.

Copy to:

./1.

J

~~ \/ .1.(3) (GEETIKA SHARMA) DIRECTOR (GA)

~~

~

Chief Architect,' 2. AAO (Hort.) /~~'





ASljO~~

8.0. «(oj)

NEW DELHI MUNICIPAL COUNCIL PALIKA KENDRA: NEW DELHI (GENERAL BRANCH)

No.

Dated~L.\\.:,

o
With the approval of the Competent Authority, NDMC, the Hospitality Allowances of Rs. 1500/- per month to each Dy. Chief Architect has been sanctioned. Further, Reimbursement of Hospitality Allowance will be made under the relevant function code through their fields / accounting unit for which budget has been provided. u~der the major head 220 "Administrative Expenses'" by using delegated powers within the cost ceiling fixed for reimbursement of Hospitality Allowances.

1) (GEETIKA SHARMA) DIRECTot (GA) Copy to:­ 1. Chief Architect 2. Dy. Chief Architect 3. AAO (A&H)

1L

~IJ'

ASHOKBA1RA 8.0. (Gj

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CENTRAL INFORMATION COMMISSION August Kranti Bhawan ...

Karachi Halwa House on a total cost of Rs. 5,52,860/- for distribution to the Sanitation Staff of Health. Department on the eve of Diwali. In the year 2011, sweets ...

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