Failure to provide information under RTI demonstrates mala fide intent; Respondent ordered to comply within four weeks.

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/MCDND/A/2024/104007 Pardeep Kumar .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, Municipal Corporation of Delhi, Health Department, 19th Floor, S.P. Mukherjee Civic Centre, Jawaharlal Nehru Marg, New Delhi – 110002 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 23.06.2025 Date of Decision : 30.06.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 18.10.2023 CPIO replied on : Not on record First appeal filed on : 13.12.2023 First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 06.02.2024 Information sought:

1. The Appellant filed an RTI application dated 18.10.2023 (offline) seeking the following information:

“Note: According to the information made available by Public Information Officer, Health Department, Municipal Corporation of Delhi under Right to Information Act, 2005 , in Municipal Corporation of Delhi, out of total 352 sanctioned promotional posts of Senior Nursing Officers 294 posts, out of total 62 sanctioned promotional posts of Assistant Nursing Superintendent 31 posts, out of total 8 sanctioned promotional posts of Deputy Nursing Superintendent 4 posts and all 5 promotional posts of Nursing Superintendents, 2 promotional posts of Chief Nursing Officer as of now are lying vacant in Municipal Corporation and since last '12' years violating model calendar for holding 'DPCs', there's no 'DPC' conducted to fill up the same in Municipal Corporation of Delhi, causing Nursing Officers to retire without even a single promotion in their entire service career of 30-36 years, demoralizing the entire cadre to its lowest levels. Besides out of total sanctioned 1308 direct recruitment posts of Nursing Officers 324 are lying vacant as well and despite opening of new facilities no new posts are sanctioned, causing not only tremendous increase in workload upon the Nursing Cadre Officers.

It is astonishing to note that a country which has recently faced such a pandemic 'Covid-19' and was going all out to praise its medical fraternity, is actually dealing with Nursing Fraternity in such a bad manner, affecting their fundamental right of 'consideration for promotion', and also since, as per G.I., DOPT O.M. no. 22911/9/98-Estt. (D), dated 14.12.2000, in case of non-adherence to the time frame prescribed in Model Calendar for DPCs as envisaged in G.I. DOPT, O.M. of even number dated 08.09.1998; Municipal Corporation of Delhi is required to take steps to fix responsibility of the concerned for the lapse in this regard.

It is learnt that recently 'Nurses Welfare Association (Regd.), has issued its notice dated 22.09.2023, concerning above, clearly indicating of their going on complete indefinite strike w.e.f. 01.12.2023, which would but obviously affect public/patients at large for the misdemeanor of the officers of Health Department, Municipal Corporation of Delhi. As such, The applicant is seeking information for and on behalf of his Client 'Delhi Equality Forum (Regd.), an NGO which intends to file a Public Interest Litigation for the aforesaid, especially seeking fixing of responsibility of those officials/officers of Health Department, Municipal Corporation of Delhi, who were responsible for not conducting 'DPCs' during last 12 years, despite ready availability of final seniority list way back since year 2012, as such, this application is preferred under aforesaid specific sections of the Right to Information Act, 2005 reproduced herein below for sake of convenience of the Public Information Officer:

Right to Information Act, 2005 Section 4 (1) (d):

4. (1) Every public authority shall -

(a) ------ (b) ------ (c) ------

(d) provide reasons for its administrative or quasi-judicial decisions to affected persons.

Section 6 :

6 (1) A person, who desires to obtain any information under this Act, shall make a request in