के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/MCDND/A/2024/116724 Ramesh Chandra .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, Deputy Health Officer-City S.P.Zone, Municipal Corporation of Delhi, Public Health Department, City S.P.

Zone, Old Hindu College Building, Kashmere Gate, Delhi-110006 .….(cid:29)ितवादीगण /Respondent Date of Hearing : 06.11.2025 Date of Decision : 10.11.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 15.02.2024 CPIO replied on : 16.03.2024 First appeal filed on : 15.04.2024 First Appellate Authority’s order : 21.05.2024 2nd Appeal/Complaint dated : 27.05.2024 Information sought:

1. The Appellant filed an RTI application dated 15.02.2024 (offline) seeking the following information:

“kindly provide the reply of the following Questions in black and white within the stipulated period under RTI Act 2005. The questions which do not belong to you may be send to the concerned dept. within five days of the receipt of this RTI under RTI Act 2005.

All the following questions pertain to the applicant as being a departmental case.

(1):- If a Junior official during his service period has gotten more monthly total emoluments with grade pay and after the retirement has been getting pesion more than his Senior official in that case if any departmental information if sought in a proper manner by the DHO of that zone from where the Senior official had retired, the DHO of that concerned Zone from where the junior official had retired is liable or not to provide the required information regarding to get the fixation of pay compared with junior official to remove the anomaly of the Senior Official. If answer to this question is in negative then provide the reason and define that such rule under which it is not applicable although being a departmental case and a copy of such rule may also be provided please, If answer is yes then explain the stipulated time frame during which information has to be provided.

(2):- If an employee had gotten his pay fixation done illegally with the mutual understanding of the concerned Bill clerk of the Department for getting the extra financial benefits, in that case employee himself will be held responsible who got it done in favor of him or the Bill clerk concerned of the department who did it will be held responsible or both (Employee & Bill clerk concerned)? Please clarify and define what action is to be taken by the department against both (employee & Bill clerk) or any one of them for such type of illegal financial fraud ?

(3):- In connection with the question no.2, regarding given the illegal extra financial benefits to the suspicious employee, will department investigate the such fraud or not? If answer is yes, then what lawful action under IPC has to be taken against the Deceiver/Deceivers for such illegal financial fraud please define? If answer is in negative then reason may be given for not taking the action against the such fraudulent activity.

(4):- In connection with the question no.2, if the deceiver is found himself ie (employee/retired official) for such illegal financial fraud who got it done then what type of lawful action has to be taken against him under IPC please define?

(5):- In connection with the question no.2, if an employee or retired official found guilty for getting his pay fixation done illegally in that case, is recovery from his pension has to be done by the department from the date of his fixation of pay done illegally? Please reply yes or no. If answer is negative then provide copy of such rule under which recovery can not be done from the date of his pay fixation ?

(6):- Regarding my previous RTI the applicant attended the JANSUNWAI on dated 07/10/2022 held under the chairmanship of DC/City SPZ. In the Jan-Sunwai all the heads of each department of the Zone were available including DHO/C