Central Information Commission
Rajinder Parsad vs Department Of Power on 23 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos: CIC/DOPWR/A/2023/654667,
CIC/DOPWR/A/2023/654685 and
CIC/DOPWR/A/2023/654692
Rajinder Parsad .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Department of Power,
8th Level, B Wing,
Delhi Secretariat,
New Delhi - 110002 .... ितवादीगण /Respondent
Date of Hearing : 07.04.2025
Date of Decision : 23.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 08.08.2023
CPIO replied on : 04.09.2023
First appeal filed on : 04.10.2023
First Appellate Authority's order : 06.11.2023
2nd Appeal/Complaint dated : Nil
Page 1 of 10
The above-mentioned second appeals are clubbed together as the Appellant is
common, and subject-matter is similar in nature and hence are being disposed
of through a common order.
File No. CIC/DOPWR/A/2023/654667
Information sought:
The Appellant filed an RTI application (online) dated 08.08.2023 seeking the following information:
"1. I respectfully request the disclosure of the names and designations of the officials from the Power Department of the Government of National Capital Territory of Delhi (GNCTD) who participated in the hearings held on the distinguished dates of 11th April 2023 and 12th June 2023 at the esteemed National Commission of Scheduled Castes (NCSC).
2. Please confirm whether the same officer(s) from the Power Department were present during the hearings on 11th April 2023 and 12th June 2023, as indicated in the hearing notice of the Honorable NCSC. If, regrettably, the answer is negative, I kindly request detailed communication explaining the reasons for their non-attendance.
3. I humbly request certified copies of noting and correspondence contained within the comprehensive files held by the Power Department pertaining to the hearings on 11th April 2023 and 12th June 2023 at the Honorable NCSC. I respectfully seek each and every page of noting and correspondence from these files.
4. I kindly request copies of all letters and written directives issued by the Power Department to all three DISCOMS, up until the present date, in relation to the hearings that transpired on 11th April 2023 and 12th June 2023 at the Honorable NCSC.
5. I kindly response copies of all responses, action plans, documents, or correspondences that have been exchanged between the Power Department and the three DISCOMS, subsequent to the hearings on 11th April 2023 and 12th June 2023 at the Honorable NCSC."
The CPIO furnished a reply to the Appellant on 04.09.2023 stating as under:
"You are requested to inspect the concerned file and obtained the certified copies after depositing the requisite fee as per RTI Act."Page 2 of 10
Being dissatisfied, the appellant filed a First Appeal dated 04.10.2023. The FAA vide its order dated 06.11.2023, held as under.
"1. The undersigned examined the contents of the First Appeal filed by the Appellant and observed that the PIO (Power) has asked the appellant to inspect the record/document for getting desired information vide this department online RTI reply dated 04/09/2023. The appellant inspected the file and deposited Rs. 394/- (total pages 197) through TR-V No. 020 dated 19/09/2023. The PIO (Power) has forwarded the certified copies of total pages 197 vide letter no. F.11(27)/2022-23/ΡΙΟ- 2844&2845/Power/1897 dated 20/09/2023.
2. Now, Appellant has requested to provide point wise reply of his RTI, PIO (Power) is hereby directed to furnish the point wise reply to the appellant."
In compliance of FAA's order the PIO furnished a revised reply dated 13.11.2023 to the appellant as under:
"1. It is informed that the file regarding hearing in National Commission of Scheduled Castes (NCSC) available in Power Department has already been inspected by the applicant and certified copies of approx. 197 pages of the file has already been obtained by the applicant after depositing fee of Rs.394/- in Power Department.
2 to 5. As above"
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
File No. CIC/DOPWR/A/2023/654685 Relevant facts emerging from appeal:
RTI application filed on : 09.08.2023 CPIO replied on : 04.09.2023 First appeal filed on : 04.10.2023
First Appellate Authority's order : 06.11.2023 2nd Appeal/Complaint dated : Nil Information sought:
Page 3 of 10
The Appellant filed an RTI application (online) dated 09.08.2023 seeking the following information:
"1. Please provide the counts of letters and representations submitted to the Office of the Secretary (Power) by the Erstwhile Delhi Vidyut Board SC/ST Employees Association from 1st January 2022 up until the present date.
2. I kindly request the identification of the officer, along with their designation, who has been designated by the Secretary (Power) to oversee the letters mentioned in point 1 above.
3. I humbly request certified copies of the letters referred to in point 1 above, accompanied by any remarks made by the Secretary (Power).
4. I kindly request detailed information regarding the measures undertaken by the Office of the Secretary (Power) concerning the matters, issues, and grievances highlighted through the letters and representations submitted by the Erstwhile Delhi Vidyut Board SC/ST Employees Association, from 1st January 2022 to the present date as stated in point 1.
5. I request certified copy written communication initiated by the Power Department to address the concerns raised by the Erstwhile Delhi Vidyut Board SC/ST Employees Association, against letters/representations in point 1 above.
6. If any letters or representations mentioned in point 1 above have been forwarded by the Secretary (Power) to other departments or officers, I kindly request certified copies of the complete files initiated by the respective officers or departments. For each such letter or representation, I seek the relevant certified copies of files.
7. Provide the details of letters or representations mentioned in point 1 have been passed on to other departments or officers by the Secretary (Power), yet no files or proposals have been initiated by the said departments or officers, I respectfully ask for details of the actions undertaken by the Secretary (Power) in response to such inaction.
8. I kindly request the specifics of letters or representations (as mentioned in point 1) forwarded by the Secretary (Power) to other departments or officers, where no measures have been taken, resulting Page 4 of 10 in the filing of said letters or representations by the concerned departments or officers.
9. I kindly seek particulars of letters or representations (as mentioned in point 1) where the Erstwhile Delhi Vidyut Board SC/ST Employees Association has expressed the desire to meet with the Secretary (Power), but the proposed meeting time has not been communicated to the Association.
10. In order to gain a comprehensive understanding, provide reasons behind the noncommunication of meeting times, as referenced in point 9 above.
11. I kindly request a comprehensive tabular presentation delineating the details of meetings, inclusive of the name of the association, association representative, date, time, and the purpose of each meeting held under the Secretary (Power) since the inception of the year 2023."
The CPIO furnished a reply to the Appellant on 04.09.2023 stating as under:
"You are requested to inspect the concerned file and obtained the certified copies after depositing the requisite fee as per RTI Act."
Being dissatisfied, the appellant filed a First Appeal dated 04.10.2023. The FAA vide its order dated 06.11.2023, held as under.
"1. The undersigned examined the contents of the First Appeal filed by the Appellant and observed that the PIO (Power) has asked to the appellant to inspect the record/document for getting desired information vide this department online RTI reply dated 04/09/2023. The appellant inspected the file and deposited Rs. 394/- (total pages 197) through TR-V No. 020 dated 19/09/2023. The PIO (Power) has forwarded the certified copies of total pages 197 vide letter no. F.11(27)/2022-23/ΡΙΟ- 2844&2845/Power/1897 dated 20/09/2023.
2. Now, Appellant has requested to provide point wise reply of his RTI, PIO (Power) is hereby directed to furnish the point wise reply to the appellant.
3. The Appeal is disposed off accordingly."
In compliance of FAA's order the PIO furnished a revised reply dated 13.11.2023 to the appellant as under:
Page 5 of 10
"1. It is informed that the file regarding hearing in national commission of Scheduled Castes (NCSC) available in Power Department has already been inspected by the applicant and certified copies of approx. 197 pages of the file has already been obtained by the applicant after depositing fee of Rs.394/- in Power Department.
2 to 5. As above"
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
File No. CIC/DOPWR/A/2023/654692 Relevant facts emerging from appeal:
RTI application filed on : 10.08.2023 CPIO replied on : 04.09.2023 First appeal filed on : 04.10.2023
First Appellate Authority's order : 06.11.2023 2nd Appeal/Complaint dated : Nil Information sought:
The Appellant filed an RTI application (online) dated 10.08.2023 seeking the following information:
"1. Certified copies of letters addressed to Secretary (Power), Special Secretary (Power), and Director (HR) at DTL, wherein the Erstwhile Delhi Vidyut Board SC/ST Employees Association requested the allocation of office space for the day-to-day activities of the Association.
2. Certified copies of the minutes of the meeting held between the Erstwhile Delhi Vidyut Board SC/ST Employees Association and GM (HR), during which the association's request for office space allocation for day- to-day functioning was discussed.
3. Please confirm whether any proposals were initiated within DTL or the Power Department to allocate office space to the Erstwhile Delhi Vidyut Board SC/ST Employees Association. If affirmative, kindly provide the date(s) of initiation of such proposal(s).Page 6 of 10
4. I request certified copies of the complete file, including noting pages and correspondence, in which the proposal for the allocation of office space was initiated. Please provide the complete file, in all respects, from the initiation date up to the present.
5. Kindly confirm whether office space has been allocated to the Erstwhile Delhi Vidyut Board SC/ST Employees Association. If so, provide the complete address of the allocated office space.
6. Please furnish the names of the associations currently operating from the DTL establishment.
7. If any associations utilize DTL office space or residential colonies for their day-to-day work and meetings, I request clarification on whether such allocations were made officially by DTL or if they are considered encroachments by the associations.
8. In cases where office space has been allocated to associations for their functioning, I kindly request copies of the relevant office orders outlining the allocation. Additionally, please provide the relevant guidelines and grounds under which DTL office/residential space is allocated to associations.
9. Could you confirm whether DTL follows guidelines or rules established by the Central/State government for the allocation of office space to associations? If so, kindly provide certified copies of these guidelines/rules/acts.
10. Please provide the procedure followed by DTL when receiving requests from associations seeking office space for the betterment of their employees. Please provide details of this procedure.
11. Kindly confirm if the procedure outlined in point 10 above has been approved by the competent authority.
12. Has any office space been allocated to any association in August 2023? If this is the case, please specify the competent authority responsible for the allocation.
13. Are there any provisions within DTL's "Delegation of Power" that allow for the allocation of office space to associations? If no such provisions exist, kindly clarify who is authorized to exercise this power.Page 7 of 10
14. Please communicate, if there have been instances within DTL where association requests for office space have been rejected. If any rejections have occurred, I request information about the reasons for these rejections, including the grounds on which the requests were denied.
15. Finally, I would appreciate clarification on whether there is a defined timeline within which association requests for office space must be processed and disposed of."
The CPIO furnished a reply to the Appellant on 04.09.2023 stating as under:
"Kindly refer to your online RTI application received in this department dated 10.08.2023 for seeking information under RTI Act, 2005. In this regard it is inform that sought information is not available in this department. Further, the Information was related to Delhi Transco Limited. Hence, your RTI application has already been transferred to PIO (DTL) on 14.08.2023 as per provisions of sub section (3) of Section 6 of the RTI Act, 2005."
Being dissatisfied, the appellant filed a First Appeal dated 04.10.2023. The FAA vide its order dated 06.11.2023, held as under.
"1. The undersigned examined the contents of the First Appeal filed by the Appellant and observed that the PIO (Power) has asked to the appellant to inspect the record/document for getting desired information vide this department online RTI reply dated 04/09/2023. The appellant inspected the file and deposited Rs. 394/- (total pages 197) through TR-V No. 020 dated 19/09/2023. The PIO (Power) has forwarded the certified copies of total pages 197 vide letter no. F.11(27)/2022-23/ΡΙΟ- 2844&2845/Power/1897 dated 20/09/2023.
2. Now, Appellant has requested to provide point wise reply of his RTI, PIO (Power) is hereby directed to furnish the point wise reply to the appellant.
3. The Appeal is disposed off accordingly."
In compliance of FAA's order the PIO furnished a revised reply dated 13.11.2023 to the appellant as under:
"1. It is informed that the file regarding hearing in National commission of Scheduled Castes (NCSC) available in Power Department has already been inspected by the applicant and certified copies of approx. 197 pages Page 8 of 10 of the file has already been obtained by the applicant after depositing fee of Rs.394/- in Power Department.
2 to 15. As above"
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 with Shri Abhisek Kumar. Respondent: Shri Sanjay Kumar, Section Officer/PIO, Ms. Savitri, PIO (HR), Shri Sanjay Kumar Tripathi, Manager and Shri Sunil Shamra, Officer (HR), appeared in person.
The appellant inter alia submitted that complete information was not provided by the respondent in the above cases.
The respondent while defending their case inter alia submitted that information available with them has already been inspected by the applicant and certified copies of approx. 197 pages of the file have already been obtained by the applicant after depositing a fee of Rs.394/-. The respondent again volunteered to facilitate inspection of records to the appellant and assured to provide the documents after inspection.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the appellant has inspected the records and procured approx. 197 pages of documents after depositing a fee of Rs.394/-. The appellant during the hearing pleaded that still complete documents were not provided. The respondent again offered inspection of records to the appellant which he agreed to avail. Accordingly, the Respondent is directed to facilitate inspection of relevant records to the appellant as per queries raised in his RTI application on a mutually decided date & time, within a period of six weeks from the date of receipt of this order. Before inspection, the respondent should specify the list of documents/files which they are offering for inspection. The intimation of the date and time of Page 9 of 10 the inspection shall be provided to the Appellant by the CPIO telephonically and in writing well in advance. In the process of facilitating the inspection and providing subsequent copies of the record the CPIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 (1) of the RTI Act. Copy of documents that the Appellant desires during the inspection shall be provided by the CPIO on payment of requisite fees as per the Rules.
The FAA to ensure compliance of this order.
The appeals are 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 Copy To:
THE FAA, Department of Power, 8th Level, B Wing, Delhi Secretariat, New Delhi - 110002 Page 10 of 10 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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