Central Information Commission
Sarnjeet Singh Bhamra vs Department Of Power on 13 September, 2024
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DOPWR/A/2023/630199
Sarnjeet Singh Bhamra .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Department of Power, 8th Level,
B Wing, Delhi Secretariat, I P Estate,
New Delhi - 110002. .... ितवादीगण /Respondent
Date of Hearing : 05.09.2024
Date of Decision : 13.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 11.04.2023
CPIO replied on : 19.04.2023
First appeal filed on : 19.04.2023
First Appellate Authority's order : 03.05.2023
2nd Appeal/Complaint dated : 20.06.2023
Information sought:
The Appellant filed an RTI application dated 11.04.2023 seeking the following information:
Reference reply received from Municipal Corporation of Delhi, Office of the Executive Engineer (Bldg.)-I/PIO, Keshav Puram Zone, Delhi-110 035, informing that as per their available record, total 24 Nos. of unauthorized flats have been constructed on the common roof in Apna Page 1 of 7 Ghar Cooperative Group Housing Society Limited, H-4/5, Pitampura, Delhi-110 034 (copy enclosed).
I shall be grateful if you kindly provide me the following information under RTI Act, 2005: -
i. As on date, total number of electric connections installed in the flats of Apna Ghar Cooperative Group Housing Society Limited, Pitampura, Delhi- 110 034.
ii. As on date, total number of flats including flat number, where more than one electric connection has been installed.
ii. According to the above MCD's order, 24 unauthorized flats have been constructed on the common roof in Apna Ghar Cooperative Group Housing Society Limited, Pitampura, Delhi-110 034. Is electric connection has been installed in these unauthorized flats? if yes, supply the flat's owner name including flat number, where such electric connection has been given.
iv. Copy of government's norms in respect of installation of electric connection in the unauthorized constructed flats/houses.
The CPIO furnished a reply to the Appellant on 19.04.2023 stating as under:
Kindly refer to your online RTI application received in this Department dated 11.04.2023 for seeking information in respect of electricity connections installed at Apna Ghar Cooperative Group Housing Society, Pitampura under RTI Act. In this regard it is informed that sought information is not available in this department and custodian of the said data/record is DISCOM (TPDDL). Since, DISCOMs, 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(copy enclosed). This department is not in position to transfer your RTI to concerned DISCOM (TPDDL), for seeking the information.
Being dissatisfied, the appellant filed a First Appeal dated 19.04.2023. The FAA vide its order dated 03.05.2023, held as under.
1. Whereas, the Appellant filed an online appeal dated 19.04.2023 before First Appellate Authority under the Right to Information Act, 2005, against the reply furnished by the Public Information Officer in respect of applicant RTI application No.POWER/R/2023/60036.
2. Whereas, the undersigned examined the reply furnished by PIO (Power) and the contents of the First Appeal filed by the Appellant. The appellant appeared during the hearing held on 01.05.2023.Page 2 of 7
3. The undersigned has reached the conclusion that sought information pertains to DISCOM (TPDDL) and it is amply clear that DISCOMs has obtained stay on implementation of RTI Act on its authority, through High Court and this department is not in position to transfer RTI to DISCOM (TPDDL). However, on request of Appellant PIO (Power) is directed to send a copy of RTI application to CEO (TPDDL) to furnish the information to the Appellant directly under intimation to this Department.
4. The Appeal is disposed off accordingly.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Sanjay Kumar, Section Officer & PIO present in person.
The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that till date information has not been provided to him by the Respondent. The Appellant further submitted that he has also given evidences where electricity connections were given in unauthorized flats but no action is taken till date.
The Appellant, during the hearing, alleged that electricity connections are being given liberally in illegal buildings and encroachments resultantly increasing the subsidy bill which burdens the legal and honest consumers whereas prospective genuine ones without any electricity connection are being denied on one pretext or the other under the influence of some real estate agents.
The Appellant further alleged that DERC and DISCOM are always in hand in glove and Power Secretary, GoNCTD never defends the cause of the Public before the DERC when tariff petitions are considered and also in the Courts of Law. The latest instance being the tariff petitions of DISCOMS where increase on fixed charges has also been allowed, thus, burdening the unsuspecting consumers with totally unacceptable additional levy. This has emboldened them to continue with the malpractices. As a result, general public like the Appellant is made to suffer.Page 3 of 7
Written submissions of the Respondent are taken on record and the same is reproduced hereinbelow:
"With reference to your hearing Notices No CIC/DOPWR/A/2023/630199 dated 23.08.24, it is to inform that the Appellant RTI applications were received in Power Department and information sought in RTI applications was not available in this department and same pertain to DISCOM (TATA Power Delhi Distribution Ltd). The applicant was informed in time bound manner that the information sought through his RTI application is not available in Power Department and same comes under the jurisdiction of DISCOM(TPDDL). Since, DISCOMS has obtained stay on implementation of RTI Act on its authority, through order of Hon'ble High Court of Delhi vide order dated 23.01.2007 in WP(C) 542/2007, 543/2007 and 544/2007 this Department is not in position to transfer RTI application to DISCOMS (BSES YPL) as per provisions of Section 6(3) of the RTI Act, 2005. 1st Appellate Authority in the matter directed to PIO to sent RTI application to the concerned DISCOM and accordingly RTI application was sent to CEO(TPDDL) vide letter dated 3.5.23 for necessary action but till date nothing has been heard from TPDDL in the matter.
In this matter it is pertinent to mention here that Next date of hearing in above Court matter is 07/10/2024. The copies of orders are enclosed herewith for your kind information. It is, therefore, most humbly prayed that keeping in view the above mentioned facts and circumstances the Appeal of the appellant may kindly be dismissed".
The Respondent submitted that vide their letters dated 19.04.2023 and 03.05.2023. factual position in the matter has already been informed to the Appellant. The Respondent further submitted that in compliance with FAA order, they have forwarded the RTI application of the Appellant to TPDDL but they have not given any reply till date.
Upon being queried by the Commission, the Respondent stated that they have shared a copy of their written submissions with the Appellant.
Decision:
The Commission upon a perusal of records observes that the main premise of instant appeal was non-furnishing of information by the CPIO. The Commission Page 4 of 7 observes that factual position in the matter has already been informed to the Appellant as per his RTI application vide letters dated 19.04.2023 and 03.05.2023 that the information sought by the Appellant is related to DISCOMS and there is a stay on implementation of RTI Act on its authority, through order of Hon'ble High Court of Delhi dated 23.01.2007 in W.P. Nos. 542/2007, 543/2007 and 544/2007.
It is an admitted fact that the CPIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant. The CPIO can only provide information which is held by them in material form.
Now at the stage of appeal, the Respondent has submitted his revised comments on the RTI application of the Appellant and copy of the same has already been shared with the Appellant.
In this regard, the Commission finds no infirmity in the reply owing to the ongoing litigation and injunction continuing since 2007.
Nonetheless, the Commission would like to advise the Secretary / Head of the Department in the matter under Section 25(5) of the RTI Act. There have been and there still are numerous second appeals/complaints which are coming up for hearing before the Commission related to consumers and DISCOMS. On the previous occasion in the year 2006 the Commission already heard a second appeal and has held DISCOMS to be Public Authority within the scope and meaning of RTI Act. The operation of the said order of Commission has been stayed on an appeal filed by the DISCOM through an interim injunction passed in the year 2007. It is noted with concern that while the matter is pending before the Hon'ble Delhi High Court, the operation of interim injunction has been allowed to continue without sincere contest since 2007 i.e. for about 17 years, which is crossing almost a generation, which is of 25 years as given in The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. In the meantime, general public at large are facing numerous issues pertaining to public services provided by DISCOMS. In case of DISCOMS, it is also learnt that large infrastructure of network of electricity transmission lines was created using extraordinary powers under the Indian Telegraph Act, 1885 for "Public Purpose".
Page 5 of 7In order to resolve such issues of general public, the Respondent Public Authority should approach the Apex Court for vacation of stay of order. With the privatization of basic public services governing life and living like electricity supply, education, healthcare etc, unless the entities rendering these services are made accountable, general public is bound to suffer. Privatization unfortunately has been misunderstood as hiving off and further assumed as transfer of constitutional duty towards the public to the service providing entity, which the transferee is vehemently refusing to accept, thus, resulting in abdication of responsibility and accountability towards the public causing its (public's) suffering. It is a classic case where in a welfare State, the duty of providing basic public service to its citizens and consanguineous transparency and accountability has become a casualty due to procedural niceties and legal battle. Therefore, the urgency to get the interim injunction vacated needs no further emphasis.
The CPIO is directed to place a copy of this order before the Competent Authority for appropriate action in the matter.
However, with respect to grievance of the Appellant, he is advised to forward to the Respondent Public Authority all the documents, which establish that DISCOMS gave wrong electricity connections, and Respondent Public Authority in turn should forward those documents to the DISCOM for appropriate action in the matter under intimation to the Appellant.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 6 of 7 Copy To:
The FAA, Department of Power, 8th Level, B Wing, Delhi Secretariat, I P Estate, New Delhi - 110002.Page 7 of 7
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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