Central Information Commission
Mr. R D Misra vs Mcd, Gnct Delhi on 6 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/2012/000066/17572
Appeal No. CIC/SG/A/2012/000066
Relevant facts emerging from the Appeal:
Appellant : Mr. R. D. Misra
251-D, Pocket J & K,
Dilshad Garden,
New Delhi - 110095
Respondent (1) : Mr. A. S. Yadav
PIO & AC Municipal Corporation of Delhi O/o The Asst. Commissioner, City Zone, MLUG Car Parking, Asaf Ali Road, New Delhi - 110002 (2) : PIO Municipal Corporation of Delhi Central Establishment Department 22nd Floor, Dr. SPM Civic Center, Minto Road, New Delhi RTI application filed on : 27-09-2011 PIO replied on : 02-11-2011 First Appeal filed on : 17-11-2011 First Appellate Authority order of : Not Ordered Second Appeal received on : 04-01-2012 Information Sought :-
The appellant has sought the following information :-
1) Is it correct that some irregularity or corruption was found in Citizen Service Bureau (C.S.B.) City Zone D.C. office few period ago. Some money and record was missing. Give detailed report. Provide copy of circular issued from D.C. City Zone regarding fake receipts etc. Names of removed/transferred employee of CSB.
2) Is it correct that record and money is missing from CS. B. Shahdara (South) Zone. Is it correct that this theft/irregularity was noticed recently in August/September 2011. Give details report.
3) Is it correct that A.O, of this zone Shahdara (South) brought it to the notice of the zonal D.C. Sh. Deepak Hastir and asked permission to lodge FIR but the D.C. did not give permission.
4) Provide complete report/details, copy of F.I.R. If any.
5) Is it correct that one employee/incharge of CSB is absent after this incident Give his name and particular.
6) Is it correct that the said lost/missing amount was collected from public as fees/tax for birth/death certificates, shop licenses property tax etc. what was the total loss found.
7) Is it brought to the notice of MCD Commissioner and vigilance chief of MCD? What action is taken? Give copy of the action taken report A.T.R
8) Under what reasons the AO. and D.O. of this zone are not placed under suspension and under what reasons a special statutory audit is not ordered.
9) Is it a case of embezzlement of public funds? What is done to recover it?
10) Provide complete bio-data previous postings (with date of joining in each posting), adverse record of the zonal A.O. AC D.C. of City. Shahdara (South). Central zone.
11) Under what reasons the zonal A.O are never sitting in the CSB in any MCD zone.
12) Is it correct that a big embezzlement scam was occurred in central zone C. S. B. few year ago. Part of the money was recovered by the police. Provide its complete details with A.T. R,.
13) Provide names, particulars of C.S.B. employees with their photographs (CD.) regarding City Zone , Central Zone and Shahdara.(South, North) Page 1 of 3
14) How many LI., R.C. /clerk are working in general branch/license in above said three zones. Provide names, period spent by each in the present above zones in entire service.
15) Provide details and present status of building collapse in Lalita Park Shahdara (South).
16) Inspection of record and copy of documents be provided in Vigilance, CED Zones, MCD HQ.
17) Grant of more than 1 Lac was given to Deepak Hastir for training/Courses of Disaster Management. Give the detailed information----------
18) If any corruption has occurred in any other CSB, give details.
PIOs Reply:-
The Appellant was given the following reply:-
1) Yes it is correct irregularity or corruption was found CSB, City Zone and FIR against the defaulter has been asked to lodged to the SHO, Darya Ganj vide this office letter no. D/AC/446/CZ dated 25.08.2011
2) It does not pertain to City Zone.
3) Do.
4) Reference already stated question no. 1
5) Yes.
6) Yes.
7) Yes.
8) Case is under investigation.
9) The case is under process.
10) This question does not pertain to General Branch.
11) This not question of RTI.
12) It does not pertain to City Zone.
13) It pertains to AO(IT)
14) List attached.
15) It does not pertain to AC City Zone.
16) Question is not clear.
17) Do
18) Do Grounds for the First Appeal:
Unsatisfactory reply was given by PIO.
Order of the First Appellate Authority (FAA):
Not Ordered.
Ground of the Second Appeal:
Unsatisfactory reply was given by the PIO and No order was passed by the FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant : Absent;
Respondent : Mr. A. S. Yadav, PIO & AC;
The PIO states that he gave the information available on the records. The matter is being proceeded in the vigilance department. The Commission therefore directs the PIO to transfer the RTI application to PIO, Vigilance Department. The PIO is directed to give an inspection of the G-8 receipts from January 2011 until now and also a photocopy of the Dy. Commissioner's notings.
The appellant states that he wanted a copy of the file of Mr. Deepak Hiastir which regarding a course of Disaster Management. The Appellant states that the file is with CED at Civic Center.
Decision:
The Appeal is allowed.
The PIO is directed to provide an inspection as directed above to the Appellant on 20 March 2012 from 11.00AM onwards at the office of the PIO. The PIO will also provide photocopy of the Dy. Commissioner's notings to the Appellant before 20 March 2012. If no such notings are available this should be stated.Page 2 of 3
The PIO is also directed to transfer the RTI Application alongwith a copy of this order to the PIO, Vigilance Department before 13 March 2012.
The PIO, Vigilance Department is directed to provide a copy of the complete file relating to this case to the Appellant before 30 March 2012.
The Commission also directs PIO, CED to provide a copy of the file relating to Mr. Deepak Hastir as detailed above to the appellant before 25 March 2012. If no such record available he will state this in writing to the Appellant. 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 06 March 2012 (In any correspondence on this decision, mention the complete decision number.) (HA) Page 3 of 3