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/MAMCO/C/2023/131729 P R SINGH ….िशकायतकता(cid:18) /Complainant VERSUS बनाम PIO

1. Muzaffar Imtiyaz SPIO, Maulana Azad Medical College, 2, Bahadur Shah Zafar Marg New Delhi - 110002

2. Rajesh Joshi the then SPIO, Maulana Azad Medical College, 2, Bahadur Shah Zafar Marg New Delhi – 110002 ….(cid:27)ितवादीगण /Respondent Date of Hearing : 13.05.2024 Date of Decision : 15.05.2024 Date of SCN hearing : 28.05.2025 Date of SCN Decision : 27.06.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from complaint:

RTI application filed on : 30-01-2023 CPIO replied on : 21-02-2023 First appeal filed on : 23-03-2023 First Appellate Authority’s order : 27-04-2023 2nd Appeal/Complaint dated : 18-07-2023 Information sought:

The Complainant filed an RTI application dated 30-01-2023 seeking the following information:

“The file CD No.11261781 sent by MAMC to the Department of Health and Family Welfare, Govt of Delhi, Delhi Secretariat, New Delhi is pending in the Department of H&FW since September 2022. In this connection, you are requested to provide me following information under the RTI Act, 2005:

1. Please provide me attested copies of all notings available on file CD No.112610781.

2. Please provide me attested copies of all correspondences available on file CD No.112610781.

In case, the above said file has been sent to other related department, then this application be transferred to that department under the provisions of RTI Act, 2005.”

The CPIO furnished a reply to the complainant on 21-02-2023 stating as under: “1. The undersigned has received the above RTI application under RTI Act, 2005.

2. The requisite/part of information sought by applicant pertains to your office. Therefore, it is being transfer to you under sub-section (3) of section 6 of RTIAct, 2005 for further necessary action.

3. In case, it does not fall under your jurisdiction, it may please be further transfer to the Public Authority to whom it is closely connected, under intimation to the applicant.”

Being dissatisfied, the complainant filed a First Appeal dated 23-03-2023. The FAA vide its order dated 27-04-2023, held as under:-

“Further, with reference to your application dated 23.03.2023 seeking information from FAA of MAMC, this is to inform you that your file was lying with IFA/II&FW till 06.03.23 which was sent for the clarification that you wanted regarding your stepping up of pay fixation.

It was clarified by the H&FW that 'request of stepping up of Prithvi Raj Singh, the following point may be taken into consideration:-

Shri Dharampal Singh (junior) forfeited the benefits of VI CPC arrears w.e.f. 01.01.06 to 04.07.2008 to get the pay fixation as per fitment table as he opted to fix the pay from date of grant of ACP i.e., 05.07.2008. This point may be considered that the official (i.e. Shri Prithvi Raj Singh) wants stepping up according to junior i.e.. Dharam Pal Singh but in this case, he has not forfeited the arrear of VICPC."

The above-mentioned reason for not providing stepping up of pay fixation was furnished by H&FW.”

Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.

Relevant Facts emerged during Hearing on 13.05.2024 The following were present:-

Complainant: Present in person Respondent: Shri Muzaffar Imtiyaz, SPIO appeared in person The complainant inter alia submitted that he sought information from PIO, Office of the Secretary, Health & Family Welfare Department, Government of NCT of Delhi, Delhi Secretariat, IP Extension, New Delhi vide letter dated 30.01.2023. The PIO, Health and Family Welfare Department, vide letter dated 21.02.2023 transferred the RTI application to the PIO, Maulana Azad Medical College, Bahadur Shah Zafar Marg, New Delhi for necessary action as the matter pertained to them.

He further submitted that the PIO, Maulana Az