Central Information Commission
Mr.Rejimonck vs Mcd, Gnct Delhi on 28 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/903399/18121
Appeal No. CIC/SG/A/2010/903399
Relevant facts emerging from the Appeal:
Appellant : Mr. Rejimon C K
President, Dwarka Forum,
453, Plot No 4, Sector- 22,
Delhi
Respondent (1) : Mr. Dilip Ramnani,
PIO & SE-I Municipal Corporation of Delhi O/o The SE-I, South Zone, Green park, New Delhi - 110016 (2) : Dr. L. R. Verma, PIO & DHO Municipal Corporation of Delhi Health Department, South Zone, Green park, New Delhi - 110016 (3) PIO Municipal Corporation of Delhi Central Establishment Department (CED) Dr. SPM Civic Center, Minto Road, New Delhi (4) : Mr. J. D. Sharma, PIO & AC Municipal Corporation of Delhi Licensing Department, South Zone, Green park, New Delhi - 110016 RTI application filed on : 10-08-2010 PIO replied on : 16/08/2010, 01/09/2010 & 08-09-2010 First Appeal filed on : 22-10-2011 First Appellate Authority order of : 20-10-2010 Second Appeal received on : 22-11-2010 Information Sought:-
The appellant has sought the information:-
1) Please provide the complete web link for South Zone and UPDATED 17 Manual and other Public Disclosure Documents and in compliance with CIC directed documents for All RESPECTIVE Departments of South Zone. (To Published as per Section 4 of RTI Act 2005 on www.mcdonline.gov.in).
2) I have South Zone Published the list of illegal building under the zone as directed by CIC in its order existing Decision No. CICISG/A/20l0/000541/7468 about ongoing Unauthorised Constructions Page 1 of 4 and ENCROACIIM13NT on Public Land, A copy of the report send by email on 22/4/2010 to PIO, MCD South Zone.
a. Please provide Department, Name of Officials Assigned to prepare the list. b. Please provide as per noting and the set target date to complete the process. c. In case the order of CIC were not implemented, please provide name of the official to be name u/s 18 of the RTI Act 2005 complaint for contempt.
3. Across South Zone a large number of Thelah/Hakwers providing cooked food items on roads side and markets. Please provide whether such vendors are following the strictly MCD Health Trade Policy?
a. If so please provide the list of staffs who have conducted inspection since 2010 and list of establishments.
b. If such establishment violated and the same was detected by Health Officers of Zone, the reason recorded in the file notings for imposing only Minimum Penalty instead of Maximum.
4. Please provide the accountability and responsibility PROCEDURE for Health Official in ensuring hygiene and clean environment in Restaurants. Eating outs in South Zone.
5. Please provide list of staffs who have not submitted annual assets and transaction report as per procedure. In case no list prepared, please provide reason recorded in the file notings/records for exemption.
6. As per complaint to dc south zone on numerous emails dated 16/12/2009, 10/03/2009 and 17/3/2010 on encroachment at Safdurjung Enclave with Picture of GUPTA RASOI on public land. a. Please provide the Dak Registration No and File notings for the complaints. b. Please provide whether this property as mentioned in the email and located opposite to B block Market of SJ Enclave and boundary to Deer park on Public Land or private land? c. If the same is on Public Land, please provide the name of the officials who allowed to construct this pucca structure on public land.
d. Please provide the name of the officials who given permission and license on Health Trade. e. As per Health Trade http''www.mcdonline.gov .in/healthdetail.php?id=37 complied ?
7. Please provide the status of my appeal u/s 19(1) of RTI dated 16/6/2009? RTI No. 554 dated 31/03/2009 a. Have the FAA given the decision order for the appeal. b. Have the PIO provided information under RTIA 2005 to RTI Application ?.
8. Please following details on HS Marg from (AIIMS Trauma till Tennis Stadium). a. Total Length, average width and minimum wide of the HS Marg. b. Have MCD completed the project for CWG on this road. What is the final date. c. Please provide the reason recorded in the files of MCD for doing Pick and choose for deviating the original plan of drain at location opposite to R K Khanna stadium Gate No. I, close to boundary walls of Plot No. B5 Block.
d. List of Areas where the new drain laid diverting from original plan? e. Please provide name of the JE/AE/EE and other officials involved in the approval of diverting the Drain on certain areas as PICK and CHOOS where as other places found demolishing structures and even removed greens.
f. What is the deadline for the project on this road for drains. g. As per contract what the final date of completion of the drain project. h. How many days of delay in the project.
i. Total amount imposed on the contractor for delays and recovered amount so far.
PIO of Licensing Department south Zone Replied on 16/08/2010:-
The appellant was provided with the following replies:-
In reply to 1) - 17 Manuals is available in Right to Information head on MCD Website.Page 2 of 4
In reply to 2) - The information about unauthorized booking is already available on the website. In reply to 3) - It pertains to PIO/ Licensing Department/SZ. This may be transferred to the licensing department (south zone).
In reply to 4 - It pertains to PIO/ Health(SZ). This may be transferred to the health department (south zone).
In reply to 5) - It pertains to PIO/ Engineering Department(HQ) & CED. This may be transferred to the Engineering department (HQ) & CED.
In reply to 6): As per sr. no. 4.
In reply to 7: No such information is available. In reply to 4 - It pertains to PIO/ Maintenance. This may be transferred to the maintenance.
PIO of Health Department south Zone Replied on 01/09/2010:-
PIO Health department has provided information to all the queries except query no. 1, 2 & 7. For query-1 he has stated that it pertains to Director of IT. For query-2: he has stated that it does not pertains to Health Department. For query-7: He has stated that this ID no. is not related to health department.
PIO/SE(Pr-VII) Replied on 08/09/2010:-
The PIO has provided point-wise information to all the queries.
Grounds for the First Appeal:
Information on queries 03 to 07 has not been provided. Direction may be given to provide point-wise information.
Order of the First Appellate Authority (FAA):
"The Appellant had filed an application on 13/08/10 under Right to Information vide 1.1). No. 2035 seeking certain information regarding road/drain on US Marg from AIJ1VIS Trauma fill Tennis Stadium, South Zone from, Public Information Officer, Suptd. Engg., South Zone. In response to the RTI application, Public Information Officer, Superintendent Engineer Project-VII South Zone sent the reply to applicant vide his letter dated 08/09/10. Shri Rejimon C.K. preferred to Appeal before the First Appellate Authority against the reply of the PlO on 21/09/10 and same was received in the office of First Appellate Authority on 5 October, 2010. The Appeal was heard on 19th October, 2010. During the hearing the representative of PlO informed that he has already sent information to the applicant vide his letter dated September, 2010. After hearing on the basis of the facts brought before the undersigned, it has been observed that the PlO has indeed sent information to the Appellant, is in order."
Ground of the Second Appeal:
Unsatisfactory information was provided.
Relevant Facts emerging during Hearing:
The following were present Appellant : Absent;
Respondent : Mr. Rajesh Kumar Manocha, Head Clerk on behalf of Mr. Dilip Ramnani, PIO & SE-I; Dr. L. R. Verma,PIO & DHO; Mr. Kailash Mittal, APIO & AO on behalf of Mr. J. D. Sharma, PIO & AC;
The Appellant has stated that the complete information has not been provided satisfactorily for queries 8 (c), (d), (e), (h), (i) & (j). It appears that this information should have been provided by PIO(Project-VII). The Respondents show that this information has been provided on 08/09/2011 by PIO/SE(Pr-VII).
The Appellant has also stated that the information on query-5 has not been provided to him. It appears that the information on query-5 should have been provided by PIO(CED).Page 3 of 4
Decision:
The Appeal is allowed.
PIO CED is directed to provide the information on query-5 to the Appellant before 20 April 2012.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 28 March 2012 (In any correspondence on this decision, mention the complete decision number.) (HA) Page 4 of 4