Central Information Commission
Mr.Bijender Goel vs Mcd, Gnct Delhi on 29 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/2011/001202/13146Adjunct
Appeal No. CIC/SG/A/2011/001202
Relevant facts emerging from the Appeal:
Appellant : Mr. Bijender Goel,
C/O JVMGRR College,
Charkhi Dadri-127306,
District Bhiwani-Haryana
Respondent : Mr. Anil Prakash,
Director-in-Chief (DEMS),
Municipal Corporation of Delhi,
O/o Director-in-Chief (DEMS),
Dr. B.R. Ambedkar Stadium, Delhi Gate,
Delhi
RTI application filed on : 31/01/2011
RTI application transferred on : 03/04/2011 to AC/ N.G. Zone
PIO replied on : Not Mentioned.
First Appeal filed on : 05/03/2011
First Appellate Authority order of : 01/04/2011
Second Appeal received on : 02/05/2011
Information sought:
1. Provide certified copies of sanitary staff and other staff deputed for sanitary work in the area of Mundka, (Friends Enclave, Near Mundka Railway station) New Delhi-4 I. by the MCD since 01- 01-2010 till date.
2. Provide certified copies of Name of Employee, Designation, Duty hours, Salary received per month , Assigned work with allocated area individually and separately all of the Employees who are deputed for the purpose by Municipal Corporation Delhi of Mundka, (Friends Enclave, Near Mundka Railway station) Delhi-4l.
3. Provide certified copies of the Name of the Chief Sanitary Inspector and Sanitary Inspectors of this area along with official and Residential Address and Contact Numbers and monthly Salary received by them individually and separately with Assigned duties by the Municipal Corporation Delhi of Mundka, (Friends Enclave, Near Mundka Railway station)- Delhi-41.
4. Provide certified copies of Address of the complaint center of this area with name of the in-charge of this centre, monthly salary of the in-charge with Designation and official and residential address of the in-charge, where citizen can made a complaint regarding sanitation and procedure of the complaint and maximum duration for disposal of the complaint of Mundka, (Friends Enclave, Near Mundka Railway station) Delhi-41.
5. Provide Name, Designation and contact number with official and residential address of the 1st Appellate Authority of the Municipal Corporation Delhi.
i) The period to which the information relates after 01-01-2010.
(ii) Description of the information required: From point 1 to 5.
(iii) Whether information is required by post or in person: By Post.
(iv) In case, by post (Ordinary, Registered or Speed Post) Speed Post.
Page 1 of 3Grounds for the First Appeal:
Information sought not provided.
Order of the First Appellate Authority (FAA):
FAA observed that the PIO did not furnish information on ground that application was not received by him or his office. PIO was then directed to furnish the information to the appellant within 15 days.
Ground of the Second Appeal:
Non compliance with the order of FAA. The information sought not provided yet.
Relevant Facts emerging during Hearing held on 28 June 2011: The following were present Appellant: Absent;
Respondent: Mr. Dalip Singh, PIO & Assistant Commissioner;
"The PIO states that he received the RTI application only on 11/04/2011 and has sent the complete information to the Appellant. Number of citizens want to know the name of safai karmachari and names and phone numbers of the supervisory staff, so that they can know whom to contact for the cleanliness of the area. The Commission under its powers under Section 19(8)(a) of the RTI directs the PIO to ensure that the names of the safai karmarcharies and supervisory staffs (with phone numbers) should be displayed on the website giving the area for which they are responsible.
The Commission also directs the Director-in-Chief, MCD, Ambedkar Stadium, New Delhi to ensure that this information is made available for all the zones on the website of MCD."
Decision dated 28 June 2011:
The Appeal was disposed.
"The Commission directs the Director-in-Chief to ensure that the names of the safai karmarcharies and supervisory staffs (with phone numbers) are displayed on the website of MCD giving the area for which they are responsible before 20 July 2011. This should be updated every month before the 10th day of the following month.
Director-in-Chief will send a compliance report along with the url address where the information has been uploaded to [email protected] to the Commission and the Appellant before 30 July 2011. The Director-in-Chief will also provide the list of officers (alongwith their email IDs) responsible for updating the website itself."
Relevant facts leading to hearing held on 29 March 2012: The Commission received a letter dated 15/12/2011 on 21/12/2011 from the Appellant alleging that the order of the Commission had not been complied with. The Commission also received certain submissions from the Director-in-Chief (DEMS) vide letters dated 21/07/2011 and 28/09/2011. Therefore, vide notice dated 03/02/2012, the Commission decided to schedule a hearing in this matter on 01/03/2012 to decide whether there had been non-compliance of its order. The hearing was rescheduled by notice of 16/02/2012 to 29 March 2012 at 4.30pm and the parties were informed.
Relevant facts emerging at the hearing held on 29 March 2012: The following were present:
Appellant: Absent;
Respondent: Mr. Anil Prakash, Director-in-Chief (DEMS); and Mr. Pradeep Khandelwal, Chief Engineer;
The Respondents show that the data is available on the website. The Respondent shows that data but acknowledged that this available presently at three different locations on website:
1- Home page >> Sanitation Worker.
2- Home Page >> Departments >> DEMS >> View Info.
3- Home Page >> RTI >> CIC Directions.
Page 2 of 3
The Commission has noticed that the information appears to have been provided on these three locations on the website of MCD i.e. www.mcdonline.gov.in. The Respondents have agreed that all the data will be available at Home Page >> Sanitation Worker before 30 May 2012.
It appears that the directions of the Commission have complied with and all the information will be available at Home Page >> Sanitation Worker location before 30 May 2012.
Adjunct Decision:
The PIO is directed to ensure that directions given above are complied with before 30 May 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 29 March 2012 (In any correspondence on this decision, mention the complete decision number.) (AA) Page 3 of 3