Central Information Commission
Ramlal Ladwal vs Department Of Power on 9 September, 2022
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीय सच
ू ना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No.:- CIC/DOPWR/A/2021/152871-UM
Mr. Ramlal Ladwal
....अपीलकताा/Appellant
VERSUS
बनाम
CPIO
Department of Power
8th Level, B-Wing, Delhi Sectt
I P Estate, New Delhi-110002
प्रद्वतवादीगण /Respondent
Date of Hearing : 08.09.2022
Date of Decision : 09.09.2022
Date of RTI application 04.08.2021
CPIO's response 10.08.2021
Date of the First Appeal 24.08.2021
First Appellate Authority's response 20.09.2021
Date of diarized receipt of Appeal by the Commission 03.12.2021
ORDER
FACTS The Appellant vide his RTI application sought information on 02 points, as under:-
The CPIO, Department of Power, vide letter dated 10.08.2021 furnished a point-wise reply to the Appellant. Dissatisfied with the reply received from the CPIO, the Appellant filed a First Appeal. The FAA vide order dated 20.09.2021 furnished a reply to the Appellant.
Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Present in Person Respondent: Mr Sanjay Kumar SO, Present in Person The Appellant while reiterating the contents of the RTI Application submitted that no action taken report on his Complaint has been furnished to him so far. The Respondent in reply submitted that a suitable reply has been furnished to the Appellant vide letter dated 10.08.2021 and subsequently on 20.09.2021 stating that DISCOM has obtained stay on implementation of RTI Act on its authority, through High Court order dated 23.01.2007 in W.P, Nos.542/2007, 543/2007 and, 544/2007 and hence they are not in a position to transfer RTI for seeking the information. Moreover, the complete copy of license allotted to the BYPL by the Delhi Electricity Regulatory Commission is available on the website http://www.derc.gov.in/license-issued-to-utilities.
DECISION:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that complete information has not been furnished and therefore directs the CPIO to furnish correct information to the Appellant strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 30 days from the date of receipt of this order under the intimation to the Commission. The Respondent may redact the personal details of the third parties.
If the CPIO is not able to give the point wise and complete information he should furnish an affidavit to the Commission, explaining the factual position regarding the non-availability or confidentiality of the Information to the Appellant, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 30 days from the date of receipt of this order under the intimation to the Commission. In the case of the CPIO filing a wrong affidavit, the Appellant will have the remedy to approach the court of law under the offence of perjury and contempt of the Commission.
The CPIO is also directed to take into account a previous order of the Commission regarding the High court stay taken by a DISCOM from the ambit of the RTI Act in the light of the Supreme Court order which came later and directed that a stay order granted by a court can't be permanent and should be reviewed every six months.
The Appeal stands disposed accordingly.
(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर. के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 / [email protected] द्वदनांक / Date: 09.09.2022