Central Information Commission
Mra P Revi Rear Admiral vs Mcd, Gnct Delhi on 26 May, 2014
CENTRAL INFORMATION COMMISSION
ROOM NO. 329, SECOND FLOOR, C-WING
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
Tel. No. 91-11-26717356
F.No. CIC/DS/A/2013/000642-YA
Date of hearing : 26.05.2014
Date of decision : 26.05.2014
Appellant : Shri A.P. Revi,
Delhi
Respondent : Sh. Srikant Prasad, AE(B)/NGZ
South Delhi Municipal Corp.,
Delhi.
Information Commissioner : Shri Yashovardhan Azad
Relevant fact emerging from appeal:
RTI application filed on : 28.12.2012
PIO Replied on : 20.02.2013
First appeal filed on : 08.02.2013
First Appellate Authority order : 21.02.2013
Second Appeal received on : 03.04.2013
Information sought:
The appellant had sought information on several points regarding action taken report on complaints filed by him on encroachment of government land. Relevant facts emerging during hearing:
Both the parties are present. The appellant had filed an RTI application on 28.12.2012 seeking action taken report on complaints filed by him on encroachment of government land. The CPIO in his reply dt. 20.02.2013 stated that the matter of encroachment does not pertain to their office and the same was transferred to EE(M)- III/NGZ/PIO. The appellant stated that he has not received any reply from the maintenance dept. till date. The FAA in his order directed EE(B)/PIO to provide proper information. The respondent stated that matter pertains to maintenance department and the same has been transferred to them for providing information. On query by the Commission whether any reply was sent after FAA's order, the respondent reiterated his statement that as matter pertains to the Maintenance Dept., no reply was sent to the appellant in pursuance of the FAA's order. The appellant stated that he has taken the matter regarding encroachment of the said land to the Public Grievance Commission and that the PGC in its order dated 06.05.2014 directed Chief Engineer, South Zone, SDMC to ensure encroachment is removed with the help of police assistance. The next date of hearing has been fixed for 18.06.2014.
Decision:
After hearing the parties and on perusal of documents, the Commission would like to bring it to the notice of the Commissioner, MCD that officers at the Post of PIOs/FAAs have behaved in the most alarming fashion in not replying to the RTI application at all and in disposing of appeals not knowing which department the matter pertains to. The Commission directs the respondent to provide complete information to appellant, within ten days of receipt of this order, under intimation to the Commission. A show-cause also be issued to EE(M)-III/NGZ/PIO as to why penalty u/s 20 should not be imposed on him for not replying to the RTI application.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(K.V. Mathew) Deputy Registrar