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Central Information Commission

Mr. G. P. Gupta vs Transport Department, Govt. Of Nct Of ... on 15 October, 2009

                         CENTRAL INFORMATION COMMISSION
                          Club Building, Opposite Ber Sarai Market,
                            Old JNU Campus, New Delhi - 110067.
                                    Tel: + 91 11 26161796

                                                                Decision No. CIC/SG/A/2009/002070/5154
                                                                       Appeal No. CIC/SG/A/2009/002070

Relevant Facts emerging from the Appeal:

Appellant                                :       Mr. G. P. Gupta
                                                 B-4/123 Sec-08 Rohini
                                                 Delhi-110008.

Respondent                               :       Mr. C.S.Nawani

Public Information Officer & Pollution Control Officer Govt. of NCT of Delhi Transport Department (Secretariat Branch) 5/9 under Hill Road, Delhi-110054.

RTI application filed on                 :       23/06/2009
PIO replied                              :       10/07/2009
First appeal filed on                    :       16/07/2009
First Appellate Authority order          :       No order
Second Appeal filed on                   :       26/08/2009

 Sr. No.                Information sought                                   PIO's reply

1. Action Taken Report regarding cancellation This office had already issued notices u./s 55 to of registration of the following vehicles registered owner of vehicle nos. DL-3CH-9997, DL- issued on fake documents to Sh. Ankit Dhir 3CS-6690, DL-3 CB-7010 and DL-3CK-8567 but S/o Pankaj Dhir. no one has represented their case against these

a) DL-3CH-9997 notices till date. Moreover this office has also

b) DL-3CS-6690 recorded the matter of these vehicles in the 'Black

c) DL-3CB-7010 list Category' software available in 'VAHAN' for

d) DL-3CK-8567 issues of certificate of Registration and the record

e) DL-6CA-7989 files has been kept in safe custody to restrict further transactions.

Regarding (c) the matter pertains to south west zone.

2. Action Taken Report regarding Cancellation Matter pertains to south west zone.

of Registration of the Driving license issued on fake documents to Sh. Ankit Dhir

a) DL-09012002,2,451,75 dt. 22/01/2002.

3. ATR on legal proceedings initiate against Matter pertains to south west zone.

Ankit Dhir under Motor Vehicle Act 1988 u/s 19 (1) of Fake Representation.

4. ATR on cancellation under Motor Vehicle Action has been initiated as submitted in Para (I).

Act 1988 u/s 19 55(5) of fake representation.

5. What are legal requirements for transfer of As on date, transfer of ownership of a vehicle needs vehicles? following documents as per Motor Vehicle Act 1988, CMVR 1989 and guidelines issued by the department time to time are:-

c) Certificate of Registration (form no. 23/form no 23A i.e. Smart card) in original.

d) Attested copies of valid address Proof, Insurance, and Pollution under control certificate and PAN card.

e) Transfer of ownership fee as per rule 81 of CMVR 1989.

f) Smart card fee @ 370/- each for issue of certificate of registration on form 23A (fee charged directed by Vendor).

6. What punishment under Motor Vehicle Act Opinion from legal cell required.

for false Affidavit?

Grounds for First Appeal:

• No Action on fake registration certificates of vehicles-Impounding of vehicles & revoking/cancellation of registration certificate of vehicles. • No complaints filed with Police Station for FIR.

The First Appellate Authority order:

No order.

Grounds for Second Appeal:

Departmental and Vigilance enquiry may be recommended against MLO South Zone and Sarai Kale Khan Zone and disciplinary action against Commissioner Transport.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Absent Respondent: Mr. C.S.Nawani, Public Information Officer & Pollution Control Officer; The Appellant has complaint about vehicle registrations and driving license has been issued on a fake address. The department has found these allegation to be true and has informed the police department about the about the cancellation of the Registration and the Driving license. This information has been provided to the Appellant. No information has been received by the Department about the action taken by the Police. The Appellant's distress at the extremely slow pace of Government Machinery acting against illegal activities is understandable but the Commission is unable to do anything specific in this matter.

Decision:

The appeal is disposed.

Information has been provided.

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 15 October 2009 (In any correspondence on this decision, mentioned the complete decision number.)(AK)