Central Information Commission
R L Makhija vs Mcd on 24 December, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos. : CIC/MCDND/A/2023/147939, CIC/MCDND/A/2023/147941,
CIC/MCDND/A/2023/147943, CIC/MCDND/A/2023/149044,
CIC/MCDND/A/2023/149045, CIC/MCDND/A/2023/147936,
CIC/MCDND/A/2023/147938, CIC/MCDND/A/2023/147946,
CIC/MCDND/A/2023/147932, CIC/MCDND/A/2023/147933,
CIC/MCDND/A/2023/147934, CIC/MCDND/A/2023/147935,
CIC/MCDND/A/2023/149047, CIC/MCDND/A/2023/149051,
CIC/MCDND/A/2023/149053, CIC/MCDND/A/2023/149054,
CIC/MCDND/A/2023/149056, CIC/MCDND/A/2023/149057,
CIC/MCDND/A/2023/149058, CIC/MCDND/A/2023/149060,
CIC/MCDND/A/2023/149063, CIC/MCDND/A/2023/149065,
CIC/MCDND/A/2023/149066, CIC/MCDND/A/2023/147937,
CIC/MCDND/A/2023/147940, CIC/MCDND/A/2023/147942,
CIC/MCDND/A/2023/147944, CIC/MCDND/A/2023/147945,
CIC/MCDND/A/2023/147947. (total twenty nine (29) cases)
R L Makhija .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Municipal Corporation of
Delhi, Central Establishment
Department, E-Block, 22nd
Floor, Dr. S.P.M. Civic Centre,
JLN Marg, New Delhi - 110002
2. PIO
Municipal Corporation of Delhi,
Engineering Department (HQ),
19th Floor, Dr. S.P.M.Civic Centre,
J L Nehru Marg, New Delhi - 110002
3. PIO
Page 1 of 73
Municipal Corporation of
Delhi, Vigilance Department
(HQ), 26th Floor, E-Block,
Dr. S.P.M. Civic Centre, J L N
Marg, New Delhi - 110002 .... ितवादीगण /Respondents
Date of Hearing : 17.12.2024
Date of Decision : 24.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
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.
CIC/MCDND/A/2023/147939
Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023
CPIO replied on : 16.08.2023
First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023
2nd Appeal/Complaint dated : 11.12.2023
Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri B B Aggarwal currently working in the post of Superintending Engineer - Central Zone
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC) Page 2 of 73
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Aggarwal passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details/list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Aggarwal is currently which post exist i-e Regular AE. Regular EF & Regular SE. please provide the details.
15. Please mention Reference No. RLM 2023-24/90 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil)
3. It pertains to Engg.. Deptt. (H.Q.)
4. Copy enclosed
5. Copy enclosed
6. Copy of order attached in reply to point No.4
7. Not promoted SE on regular basis.
8 & 9. No such information is available in records
10. Office order is already enclosed.
11. It doesn't pertain to CED.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed."Page 3 of 73
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147941 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri A K Singh currently working in the post of Superintending Engineer - Q.C.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.Page 4 of 73
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Singh passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Singh is currently which post exist i-e Regular AE. Regular EE & Regular SE. please provide the details.
15. Please mention Reference No. RIM 2023-24 88 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (H.Q.)
4. Copy enclosed
5. Copy enclosed 6. Copy of order attached in reply to point No. 4
7. Not promoted SE on regular basis 8 & 9. No such information is available in records
10. Office order is already enclosed.
11. It doesn't pertain to CED.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.Page 5 of 73
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147943 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:Page 6 of 73
"Information required in respect of Shri S L Bairwa currently working in the post of Superintending Engineer - I Rohini Zone.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
16. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Bairwa passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band -IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Bairwa is currently which post exist i-e Regular AE, Regular EE & Regular SE. please provide the details.
15. Please mention Reference No. RI.M 2023-24 87 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 2000
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (H.Q.)
4. Copy enclosed
5. Copy enclosed
6. Copy of order attached in reply to point No.4 Page 7 of 73
7. Not promoted SE on regular basis 8 & 9. No such information is available in records
10. Office order is already enclosed.
11. It doesn't pertain to CED.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149044 Relevant facts emerging from appeal:
RTI application filed on : 22.06.2023 CPIO replied on : Not on record First appeal filed on : 26.09.2023
First Appellate Authority's order : 04.10.2023 Page 8 of 73 2nd Appeal/Complaint dated : 26.12.2023 Information sought:
The Appellant filed an RTI application dated 22.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Rakesh Brijwal currently working Executive Engineer (Project)-Rohini Zone.
1. Please provide the details of date of birth.
2. Please provide the details date of joining in MCD.
3. Please provide the copy of Experience certificate. (Part of RR).
4. Whether Mr. Rakesh was selected through General / Reservation. Please provide the details
5. Please provide the details of X and XII year(s) & also name of school / board from which he has passed and also provide the place from where he had studied.
6. Please provide the details of Diploma / Degree including passing of year(s) and name of college as well as University and also provide the city.
7. Please provide the details how many Police / CBI cases are registered & continue currently against Mr. Rakesh.
8. Please provide the details how many RDA was issued last 10 years. Please provide the details year wise.
9. Please provide the details & posts held since date of appointment with period to till now.
10. If any additional charge was given for post of EE. If yes, please provide the details last 03 years.
11. Details of department(s) where he had posted since joining to till now along with period.
12. Please provide the copy of promotion order for post of Executive Engineer.
13. Mr. Rakesh is which post exist i-e Regular EE. Adhoc EE & LAC EE. Please provide the details.
14. Whether MCD has allotted the Vehicle. If yes. please provide the log book last 3 months i-e January 2023 to March 2023.
15. Please provide the salary details month of January 2023.
a) Basic (B) HRA (C) Travelling allowance (D) DA (E) Conveyance allowance
16. Mr. Rakesh is using to Car No. --- whether Mr. Rakesh has taken permission regarding the purchase of Car. If Yes. please provide the copy of permission.Page 9 of 73
17. Please mention Reference No. RLM/2023-24/137 while replying to this RTI."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 26.09.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149045 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : Not on record First appeal filed on : 26.09.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 26.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:Page 10 of 73
"Information required in respect of Shri Rajinder Prasad currently working in the post of Chief Engineer.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc / regular)
7. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
8. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
9. Please provide the details in which year he was regular for the post of CE (approved by UPSC)
10. Whether Shri Rajinder passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
11. If passed, please provide the copy of result.
12. Please provide in which year he had completed 13 years of regular service as EE +SE.
13. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
14. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
15. Please provide the details/list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
16. Shri Rajinder is currently which post exist i-e Regular AF. Regular EE. Regular SE & Regular CE. Please provide the details.
17. Please mention Reference No. RLM/2023-24/99 while replying to this RTI."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 26.09.2023. The FAA vide its order dated 04.10.2023, held as under:
Page 11 of 73"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No. PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and : the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147936 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri PK Jain currently working in the post of Superintending Engineer - Keshav Puram Zone.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.Page 12 of 73
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Jain passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Mr. Jain is which post exist i-e Regular AE, Regular EE & Regular SE. please provide the details.
15. Please mention Reference No. RI.M/2023-24 86 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil) Page 13 of 73
3. It pertains to Engg. Deptt. (H.Q.)
4. Copy enclosed
5. Copy enclosed
6. Copy of order attached in reply to point No.4
7. Not promoted SE on regular basis 8 & 9. No such information is available in records
10. Office order is already enclosed.
11. It doesn't pertain to CED.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147938 Relevant facts emerging from appeal:
Page 14 of 73RTI application filed on : 13.06.2023 CPIO replied on : 15.09.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an (offline) RTI application dated 13.06.2023 seeking the following information:
"Information required in respect of Shri Ramesh Kumar currently working in the post of Superintending Engineer - II, South Zone.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SF. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Ramesh passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed. please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Ramesh is currently which post exist i-e Regular AE. Regular EE & Regular SE. please provide the details.
15. Please mention Reference No. RI.M/2023-24/89 while replying to this RTI."Page 15 of 73
The CPIO furnished a point-wise reply to the Appellant on 15.09.2023 stating as under:
"1. 1991
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (HQ)
4. Copy enclosed
5. Copy enclosed 6. Copy of order attached in reply to point No. 4
7. Not promoted as SE (C) on regular basis.
8. & 9. No such information is available in records
10. Office order is already enclosed.
11. It does not pertain to CED
12. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the provided. same is
14. Copy of office order is already enclosed"
Being dissatisfied, the appellant filed a First Appeal dated 03-02-2024. The FAA vide its order dated 03-02-2024, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and : the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."Page 16 of 73
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147946 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Sudhir Mehta currently working post of Chief Engineer.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc / regular)
7. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
8. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
9. Please provide the details in which year he was regular for the post of CE (approved by UPSC)
10. Whether Shri Mehta passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
11. If passed, please provide the copy of result.
12. Please provide in which year he had completed 13 years of regular service as EE +SE.
13. Please provide the details & copy of given Pay Band-IV along with given to Arrear.Page 17 of 73
14. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
15. Please provide the details list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
16. Shri Mehta is which post exist i-e Regular AE. Regular EE. Regular SE & Regular CE. Please provide the details.
17. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
18. If in any matter punishment was/were done. Please provide the copy of order.
19. Please mention Reference No. RLM 2023-24 124 while replying to this RTI"
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1991.
2. Assistant Engineer (Civil).
3. It pertains to Engg. Deptt. (HQ).
4. Copy enclosed.
5. Copy enclosed.
6. Copy enclosed.
7. Copy of order attached to reply to point No- 4.
8. Not promoted as SE on regular basis.
9. Not promoted as CE on regular basis.
10 & 11. No such information is available in records.
12. Office order is already enclosed.
13. It doesn't pertain to CED.
14. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
15. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
16. Copy of Office order is already enclosed,
17. It doesn't pertain to CED
18. It doesn't pertain to CED."
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
Page 18 of 73"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147932 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Rajesh Wadhwa currently working in the post of Superintending Engineer-West Zone.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular) Page 19 of 73
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE SE (approved (approved by UPSC)
8. Whether Shri Rajesh passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Rajesh is currently which post exist i-e Regular AE. Regular EE & Regular SE. please provide the details.
15. Please mention Reference No. RLM/2023-24/97 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1990
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (H.Q.)
4. Copy enclosed
5. Copy enclosed
6. Copy of order attached in reply to point No.4
7. Not promoted as SE on regular basis
8.& 9. No such information is available in records
10. Office order is already enclosed.
11. Doesn't pertains to this department.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department as prior to unification of all three Corporation, CED was existed in all three Page 20 of 73 Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147933 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Rajesh Wadhwa currently working in the post of Superintending Engineer-West Zone.Page 21 of 73
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE SE (approved (approved by UPSC)
8. Whether Shri Rajesh passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Rajesh is currently which post exist i-e Regular AE. Regular EE & Regular SE. please provide the details.
15. Please mention Reference No. RLM/2023-24/97 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1990
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (H.Q.)
4. Copy enclosed
5. Copy enclosed
6. Copy of order attached in reply to point No.4
7. Not promoted as SE on regular basis
8.& 9. No such information is available in records
10. Office order is already enclosed.Page 22 of 73
11. Doesn't pertains to this department.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department as prior to unification of all three Corporation, CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147934 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2022
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
Page 23 of 73The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Surender Singh currently working in the post of Superintending Engineer -I, Shahdara South Zone.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Singh passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Singh is currently which post exist i-e Regular AE. Regular EE & Regular SE. please provide the details.
15. Please mention Reference No. RIM 2023-24 96 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (H.Q.) Page 24 of 73
4. Copy enclosed
5. Copy enclosed
6. Copy of order attached in reply to point No.4
7. Not promoted as SE on regular basis
8. No such information is available in records.
9. No such information is available in records.
10. Office order is already enclosed.
11. It does not pertain to CED
12. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However detail of any such employee/officer can be provided, if name, designation of the same is provided.
14. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2022. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and : the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147935 Relevant facts emerging from appeal:
Page 25 of 73RTI application filed on : 20.06.2023 CPIO replied on : 29.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Anil Kumar S/o Shri Ishwar Chand currently working post of Superintending Engineer at SLF Okhla & Ghazipur.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SF. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Anil Kumar passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Anil Kumar is which post exist i-e Regular AE. Regular EE & Regular SE. Please provide the details.Page 26 of 73
15. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
16. If in any matter punishment was / were done. Please provide the copy of order.
17. Please mention Reference No. RI.M 2023-24 128 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 29.08.2023 stating as under:
"1. 1991
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (HQ)
4. Copy enclosed
5. Copy enclosed 6. Copy of order attached in reply to point No. 4
7. Not promoted as SE on regular basis
8.& 9. No such information is available in records
10. Office order is already enclosed.
11. It does not pertain to CED
12. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
14. Copy of office order is already enclosed
15. It does not pertain to CED
16. It does not pertain to CED"
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer-Page 27 of 73
III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149047 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 26.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Ashok Kumar Mittal currently (Retired) Superintending Engineer.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.
4. Please provide the copy of promotion for post of El. (Current Duty Adhoc regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SIE (approved by UPSC)
8. Whether Shri Mittal passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.Page 28 of 73
10. Please provide in which year he had completed 13 years of regular service as EE SE.
11. Please provide the details & copy of given Pay Band IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details/list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Mittal is which post exist i-e Regular AF. Regular EE & Regular SE. Please provide the details.
15. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
16. If in any matter punishment was/were done. Please provide the copy of order.
17. Please mention Reference No. RIM 2023-24 115 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1999.
2. Assistant Engineer (Civil).
3. It pertains to Engineering (HQ).
4. Copy enclosed.
5. Copy enclosed.
6. Copy of order attached to reply to point No- 4.
7. Copy of order attached to reply to point No- 5.
8. & 9. No such information is available in records.
10. Office order is already enclosed.
11. It doesn't pertain to CED.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed.
15. It doesn't pertain to CED.
16. It doesn't pertain to CED."Page 29 of 73
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise :
information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149051 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 26.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Vishwaratan Bansal currently working in the post of Chief Engineer (Retired).
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.Page 30 of 73
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc/regular)
7. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
8. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
9. Please provide the details in which year he was regular for the post of CE (approved by UPSC)
10. Whether Shri Bansal passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
11. If passed, please provide the copy of result.
12. Please provide in which year he had completed 13 years of regular service as EE +SE.
13. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
14. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
15. Please provide the details list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
16. Shri Bansal is which post exist i-e Regular AE, Regular EE & Regular SE. please provide the details.
17. Please mention Reference No. RI.M/2023-24/98 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1990
2.Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (H.Q.)
4. Copy Enclosed
5. Copy Enclosed
6. Copy Enclosed 7. Copy of order attached in reply to point No. 4 8. Copy of order attached in reply to point No. 5 Page 31 of 73
9. Not promoted as CE on regular basis
10. No such information is available in records.
11. No such information is available in records.
12. Office order is already enclosed.
13. It does not pertain to CED
14. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
15. Such type of details/list is not readily available in the Department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided. If name, designation of the same is provided.
16. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149053 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023
CPIO replied on : 15.09.2023
First appeal filed on : 31.07.2023
Page 32 of 73
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 26.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri MP Gupta (Retired) Chief Engineer.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc/regular)
7. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
8. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
9. Please provide the details in which year he was regular for the post of CE (approved by UPSC)
10. Whether Shri Gupta passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
11. If passed, please provide the copy of result.
12. Please provide in which year he had completed 13 years of regular service as EE +SE.
13. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
14. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
15. Please provide the details list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
16. Shri Gupat is which post exist i-e Regular AE, Regular EE, Regular SE & Regular CE. Please provide the details.Page 33 of 73
17. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
18. If in any matter punishment was/were done. Please provide the copy of order.
19. Please mention Reference No. RLM 2023-24 117 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 15.09.2023 stating as under:
"1. 1991.
2. Assistant Engineer (Civil).
3. It pertains to Engg. Deptt. (HQ).
4. Copy enclosed.
5. Copy enclosed.
6. Copy enclosed.
7. Copy of order attached to reply to point No-4.
8. Not promoted as SE on regular basis.
9. Not promoted as CE on regular basis.
10 & 11. No such information is available in records.
12. Office order is already enclosed.
13. It doesn't pertain to CED.
14. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
15. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
16. Copy of Office order is already enclosed.
17. It does not pertain to CED.
18. It does not pertain to CED."
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a Page 34 of 73 single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149054 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 29.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 22.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri DD Gulati currently working post of Chief Engineer.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc / regular)
7. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
8. Please provide the details in which year he was regular for the post of SE (approved by UPSC) Page 35 of 73
9. Please provide the details in which year he was regular for the post of CE (approved by UPSC)
10. Whether Shri Gulati passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
11. If passed, please provide the copy of result.
12. Please provide in which year he had completed 13 years of regular service as EE+SE.
13. Please provide the details & copy of given Pay Band IV along with given to Arrear.
14. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
15. Please provide the details list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
16. Shri Gulati is which post exist i-e Regular AE. Regular EE. Regular SE & Regular CE. Please provide the details.
17. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
18. If in any matter punishment was/were done. Please provide the copy of order.
19. Please mention Reference No. RIM 2023-24 122 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 03-02-2024 stating as under:
"1. 1991
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (HQ)
4. Copy enclosed
5. Copy enclosed
6. Copy enclosed 7. Copy of order attached in reply to point No. 4 8. Copy of order attached in reply to point No. 5
9. Not promoted as CE on regular basis
10. & 11. No such information is available in records
12. Office order is already enclosed.
13. It does not pertain to CED
14. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.Page 36 of 73
15. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
16.Copy of office order is already enclosed
17. It does not pertain to CED
18. It does not pertain to CED"
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149056 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 26.12.2023 Information sought:
Page 37 of 73The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Jagpal Singh currently working in the post of Superintending Engineer - Najafgarh Zone.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Singh passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Singh is currently which post exist i-e Regular AE, Regular EF & Regular SE. please provide the details.
15. Please mention Reference No. RI.M/2023-24/95 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (H.Q.) Page 38 of 73
4. Copy of office order is enclosed
5. Copy of office order is enclosed
6. Copy of order attached in reply to point No.4
7. Copy of order attached in reply to point No.5
8. No such information is available in records.
9. No such information is available in records.
10. Office order is already enclosed.
11. It does not pertain to CED
12. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
14. Copy order is already enclosed"
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149057 Relevant facts emerging from appeal:
Page 39 of 73RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 22.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Pukhraj Meena currently working in the post of Superintending Engineer - Keshav puram Zone
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6.Please provide the details in which year he was regular for the post of EE (approved by UPSC)?
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Meena passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details/list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Meena is currently which post exist i-e Regular AE. Regular EE & Regular SE. please provide the details.
15. Please mention Reference No. RI M 2023-24 93 while replying to this RTI."Page 40 of 73
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1998.
2. Assistant Engineer (Civil).
3. It pertains to Engineering (HQ).
4. Copy enclosed.
5. Copy enclosed.
6. Copy of order attached to reply to point No- 4.
7. Not promoted as SE on regular basis.
8. & 9. No such information is available in records.
10. Office order is already enclosed.
11. It doesn't pertain to CED.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."Page 41 of 73
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149058 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 18.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Ajay Aggarwal currently working in the post of Superintending Engineer - I, South Zone
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Aggarwal passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.Page 42 of 73
13. Please provide the details/list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Aggarwal is currently which post exist i-e Regular AF. Regular EF & Regular SE. please provide the details.
15. Please mention Reference No. RLM/2023-24/91 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1998.
2. Assistant Engineer (Civil).
3. It pertains to Engineering(HQ).
4. Copy enclosed.
5. Copy enclosed.
6. Copy of order attached to reply to point No- 4.
7. Not promoted as SE on regular basis.
8. & 9. No such information is available in records.
10. Office order is already enclosed.
11. It doesn't pertains to CED.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise Page 43 of 73 information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149060 Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 20.12.2023 Information sought:
The Appellant filed an RTI application dated 13.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Manish Rastogi currently working in the post of Chief Engineer.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc / regular)
7. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
8. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
9. Please provide the details in which year he was regular for the post of CE (approved by UPSC) Page 44 of 73
10. Whether Shri Manish passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
11. If passed, please provide the copy of result.
12. Please provide in which year he had completed 13 years of regular service as EE +SE.
13. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
14. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
15. Please provide the details/ list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
16. Shri Manish is currently which post exist i-e Regular AF. Regular EE. Regular SE & Regular CE. Please provide the details.
17. Please mention Reference No. RIM 2023-24 100 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1990
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (H.Q.)
4. Copy enclosed
5. Copy enclosed
6. Copy enclosed 7. Copy of order attached in reply to point No. 4 8. Copy of order attached in reply to point No. 5
9. Not promoted as CE on regular basis 10 & 11. No such information is available in records
12. Office order is already enclosed
13. It doesn't pertains to this department.
14. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
15. Such type of details/list is not readily available in the department, as prior to unification of all three Corporation; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
16. Copy of office order is already enclosed."Page 45 of 73
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149063 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 22.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 20.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Jagat Singh Yadav currently working in the post of Superintending Engineer - Building Head Quarter
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.Page 46 of 73
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/ regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Yadav passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details/list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Yadav is currently which post exist i-e Regular AE. Regular EF & Regular SE. please provide the details.
15. Please mention Reference No. RIM 2023-24 92 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1998.
2. Assistant Engineer (Civil).
3. It pertains to Engineering (HQ).
4. Copy enclosed.
5. Copy enclosed.
6. Copy of order attached to reply to point No- 4.
7. Not promoted as SE on regular basis.
8. & 9. No such information is available in records.
10. Office order is already enclosed.
11. It doesn't pertain to CED.
12. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.Page 47 of 73
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
14. Copy of office order is already enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 22.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and : the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149065 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 16.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 18.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:Page 48 of 73
"Information required in respect of Shri VK Gupta currently working post of Chief Engineer.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc / regular)
7. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
8. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
9. Please provide the details in which year he was regular for the post of CE (approved by UPSC)
10. Whether Shri Gupta passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
11. If passed, please provide the copy of result.
12. Please provide in which year he had completed 13 years of regular service as EE +SE.
13. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
14. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
15. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
16. Shri Gupta is which post exist i-e Regular AE, Regular EE, Regular SE & Regular CE. Please provide the details.
17. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
18. If in any matter punishment was/were done. Please provide the copy of order.
19. Please mention Reference No. RLM 2023-24/120 while replying to this RTI."Page 49 of 73
The CPIO furnished a point-wise reply to the Appellant on 16.08.2023 stating as under:
"1. 1990.
2. Assistant Engineer (Civil).
3. It pertains to Engg. Deptt. (HQ).
4. Copy enclosed.
5. Copy enclosed.
6. Copy enclosed.
7. Copy of order attached to reply to point No- 4.
8. Office order is already enclosed.
9. Not promoted as CE on regular basis.
10 & 11. No such information is available in records.
12. Office order is already enclosed.
13. It doesn't pertain to CED.
14. Being 3rd Party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
15. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; CED was existed in all three Corporations. However, details of any such Employee/Officer can be provided. If name, designation of the same is provided.
16. Copy of Office order is already enclosed.
17. It doesn't pertain to CED.
18. It doesn't pertain to CED."
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.Page 50 of 73
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/149066 Relevant facts emerging from appeal:
RTI application filed on : 03.07.2023 CPIO replied on : 15.09.2023 First appeal filed on : 07.08.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 18.12.2023 Information sought:
The Appellant filed an RTI application dated 03.07.2023 (offline) seeking the following information:
"Information required in respect of Shri KP Singh, currently working post of Engineer-in Chief.
1. Please provide the details in which year he has joined in MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc/regular)
7. Please provide the copy of promotion for post of E-in C. (Current Duty / Adhoc / regular).
8. Please provide the details in which year he was regular for the post of EE (approved by UPSC).
9. Please provide the details in which year he was regular for the post of SE (approved by UPSC).
10. Please provide the details in which year he was regular for the post of CE (approved by UPSC).Page 51 of 73
11. Please provide the details in which year he was regular for the post of E-in C (approved by UPSC).
12. Whether Shri KP Singh passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
13. If passed, please provide the copy of result.
14. Please provide in which year he had completed 13 years of regular service as EE +SE.
15. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
16. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
17. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 10,000/- Six pay Commissions.
18. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
19. Shri KP Singh is which post exist i-e Regular EE, Regular SE, Regular CE & Regular E-in C. Please provide the details.
20. It is true that with the connivance of CED officials Shri KP Singh hold the next higher post along with pay scale before the regularization post of SE / Regular promoted without the qualified regular service EE (C) i-e 7 years regular service of EE. Please provide the details.
21. It is true that Shri KP Singh was never promoted to the post of E-in C however with the connivance of CED officers he hold the E-in C post since 2015onwards, If promoted to the post of E-in C. Please provide the copy of Departmental Screening Committee.
22. Please provide the copy of RR for post of D-in-C.
23. Please provide the copy of sanction post of D-in-C with pay scale and resolution and approval of Hon'ble LG/govt. of NCT, Delhi along with Gazette Notification.
24. Please provide the details of Arrear paid to Shri KP Singh (E-in C-I) according to Vth and VIth pay Commission, if paid w-e-f 01.01.2006 to onwards.
25. Please mention Reference No. RLM/2023-24/138 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 15.09.2023 stating as under:
Page 52 of 73"1. 1989
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (HQ) 4: Copy enclosed
5. Copy enclosed
6. Copy enclosed
7.Copy enclosed 8. Copy of order attached in reply to point No. 4 9. Copy of order attached in reply to point No. 5
10. Not promoted as CE on regular basis
11. Not promoted as E-in-C on regular basis
12. & 13. No such information is available in records
14. Office order is already enclosed.
15. It does not pertain to CED
16. & 17. Being 3rd party information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
18. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
19. Copy of office order is already enclosed.
20. Copy of office order is already enclosed.
21. Copy of office order is already enclosed.
22. Copy attached.
23. As per schedule of establishment 2022-23, no post of D-in-C exist in MCD,
24. It doesn't pertain to this department."
Being dissatisfied, the appellant filed a First Appeal dated 07.08.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise Page 53 of 73 information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147937 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 29.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Mahesh Singh Nimesh currently working post of Superintending Engineer at Najafgarh Zone.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Nimesh passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.Page 54 of 73
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details/list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Nimesh is which post exist i-e Regular A. Regular FF & Regular SE. Please provide the details.
15. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
16. If in any matter punishment was were done. Please provide the copy of order.
17. Please mention Reference No. RLM 2023-24 110 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 29.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (HQ)
4. Copy enclosed
5. Copy enclosed 6. Copy of order attached in reply to point No. 4
7. Not promoted as SE on regular basis
8. & 9. No such information is available in records
10. Office order is already enclosed.
11. It does not pertain to CED
12. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
14. Copy of office order is already enclosed
15. It does not pertain to CED
16. It does not pertain to CED"Page 55 of 73
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147940 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 29.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri SC Yadav currently working post of Superintending Engineer at Central Zone.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.Page 56 of 73
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Yadav passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed, please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details/list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Yadav is which post exist i-e Regular AL. Regular EF & Regular SE. Please provide the details.
15. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
16. If in any matter punishment was/were done. Please provide the copy of order.
17. Please mention Reference No. RLM 2023-24 113while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 29.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (HQ)
4. Copy enclosed
5. Copy enclosed 6. Copy of order attached in reply to point No. 4
7. Not promoted as SE on regular basis
8. & 9. No such information is available in records Page 57 of 73
10. Office order is already enclosed.
11. It does not pertain to CED
12. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
14. Copy of office order is already enclosed
15. It does not pertain to CED
16. It does not pertain to CED"
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147942 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 29.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 Page 58 of 73 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Deepak Kumar currently working post of Superintending Engineer at Shahdara North Zone.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Deepak passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. If passed. please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band -IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
14. Shri Deepak is which post exist i-e Regular AE. Regular EE & Regular SE. Please provide the details.
15. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
16. If in any matter punishment was/were done. Please provide the copy of order.
17. Please mention Reference No. RLM 2023-24 109while replying to this RTI."Page 59 of 73
The CPIO furnished a point-wise reply to the Appellant on 29.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (HQ)
4. Copy enclosed 5: Copy enclosed 6. Copy of order attached in reply to point No. 4
7. Not promoted as SE on regular basis
8. & 9. No such information is available in records
10. Office order is already enclosed.
11. It does not pertain to CED
12. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
14. Copy of office order is already enclosed
15. It does not pertain to CED
16. It does not pertain to CED"
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.Page 60 of 73
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147944 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 29.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri RP Dabas currently working post of Chief Engineer.
1.Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc/regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc / regular)
7. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
8. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
9. Please provide the details in which year he was regular for the post of CFE (approved by UPSC)
10. Whether Shri Dabas passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
11. If passed, please provide the copy of result.Page 61 of 73
12. Please provide in which year he had completed 13 years of regular service as EE +SE.
13. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
14. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
15. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
16. Shri Dabas is which post exist i-e Regular AE. Regular EE. Regular SE & Regular CE. Please provide the details.
17. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
18. If in any matter punishment was / were done. Please provide the copy of order.
19. Please mention Reference No. RLM/2023-24/123 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 29.08.2023 stating as under:
"1. 1990
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (HQ)
4. Copy enclosed
5. Copy enclosed
6. Copy enclosed 7. Copy of order attached in reply to point No. 4 8. Copy of order attached in reply to point No. 5
9. Not promoted as CE on regular basis
10. & 11. No such information is available in records
12. Office order is already enclosed.
13. It does not pertain to CED
14. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
15. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
16. Copy of office order is already enclosed Page 62 of 73
17. It does not pertain to CED
18. It does not pertain to CED"
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.202, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MCDND/A/2023/147945 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 29.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Man Mohan Dahiya (Retired) Chief Engineer.
1. Please provide the details in which year he has joined MCD.Page 63 of 73
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter along with conditions.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc / regular)
6. Please provide the copy of promotion for post of CE. (Current Duty / Adhoc / regular)
7. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
8. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
9. Please provide the details in which year he was regular for the post of CE (approved by UPSC)
10. Whether Shri Dahiya passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
11. If passed, please provide the copy of result.
12. Please provide in which year he had completed 13 years of regular service as EE +SE.
13. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
14. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
15. Please provide the details / list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).
16. Shri Dahiya is which post exist i-e Regular AE. Regular EE. Regular SE & Regular CE. Please provide the details.
17. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
18. If in any matter punishment was/were done. Please provide the copy of order.
19. Please mention Reference No. RLM/2023-24/116 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 29.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil) Page 64 of 73
3. It pertains to Engg. Deptt. (HQ)
4. Copy enclosed
5. Copy enclosed
6. Copy enclosed 7. Copy of order attached in reply to point No. 4
8. Not promoted as SE on regular basis
9. Not promoted as CE on regular basis
10. & 11. No such information is available in records
12. Office order is already enclosed.
13. It does not pertain to CED
14. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
15. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
16. Copy of office order is Already enclosed
17. It does not pertain to CED 18 It does not pertain to CED"
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 65 of 73CIC/MCDND/A/2023/147947 Relevant facts emerging from appeal:
RTI application filed on : 20.06.2023 CPIO replied on : 29.08.2023 First appeal filed on : 31.07.2023
First Appellate Authority's order : 04.10.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 20.06.2023 (offline) seeking the following information:
"Information required in respect of Shri Brijesh Kumar currently working post of Superintending Engineer at Building Head Quarter.
1. Please provide the details in which year he has joined MCD.
2. Please provide the details on which post was selected.
3. Please provide the copy of appointment letter.
4. Please provide the copy of promotion for post of EE. (Current Duty / Adhoc / regular)
5. Please provide the copy of promotion for post of SE. (Current Duty / Adhoc/regular)
6. Please provide the details in which year he was regular for the post of EE (approved by UPSC)
7. Please provide the details in which year he was regular for the post of SE (approved by UPSC)
8. Whether Shri Kumar passed the departmental Account test. Please provide the details of account test result whether he was passed or failed.
9. Il passed. please provide the copy of result.
10. Please provide in which year he had completed 13 years of regular service as EE +SE.
11. Please provide the details & copy of given Pay Band-IV along with given to Arrear.
12. Please provide the copy of complete minutes of (DSC) Department Screening Committee for higher pay grade i-e 8700/- Six pay Commissions.
13. Please provide the details/list of officers who were posted in CED since 2010 towards along with designation dealing Engineering cadre. (JSA to Director Personal along with period).Page 66 of 73
14. Shri Kumar is which post exist i-e Regular AF. Regular EE & Regular SE. Please provide the details.
15. Please provide the details from date of joining to till now how many RDA's were issued & how many RDA's were punishments.
16. If in any matter punishment was/were done. Please provide the copy of order.
17. Please mention Reference No. RIM 2023-24 111 while replying to this RTI."
The CPIO furnished a point-wise reply to the Appellant on 29.08.2023 stating as under:
"1. 1998
2. Assistant Engineer (Civil)
3. It pertains to Engg. Deptt. (HQ)
4. Copy enclosed
5. Copy enclosed 6. Copy of order attached in reply to point No. 4
7. Not promoted as SE on regular basis
8. & 9. No such information is available in records
10. Office order is already enclosed.
11. It does not pertain to CED
12. Being 3rd Party Information, it cannot be provided under RTI Act, as no public interest has been shown by the applicant.
13. Such type of details/list is not readily available in the department, as prior to unification of all three Corporations; Central Establishment Department was existed in all three Corporations. However, detail of any such employee/officer can be provided, if name, designation of the same is provided.
14. Copy of office order is already enclosed
15. It does not pertain to CED
16.It does not pertain to CED"
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 04.10.2023, held as under:
"Present Shri R.L. Makhija and SO-III attended this office in the wake of hearing letter No- PIO(Estt.)/CED/MCD/DA-RTI-ID-336 etc/2023/3478 dated 19.09.2023. During the hearing, he had raised many other queries which were related to other RTI applications.Page 67 of 73
On going through the queries, it was observed that the appellant had filed various RTI applications containing a large number of questions in a single day. He was heard in detail and : the PIO/CED and Section Officer- III, CED have been directed to provide him the revised point wise information as per provisions of the RTI Act, 2005 within 30 days from the date of hearing. Hence, the appeal is disposed of accordingly.
However, Shri R.L. Makhija, the appellant has been advised to call for specific information in future since even a single RTI application demands the valuable time of the Public Authority."
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 Manish Kumar, Administrative Officer & PIO, Shri Subodh Kumar, Section Officer & APIO, Shri Sunil Barthwal, JSA, Shri A Karthikeyan, Assistant Director (Vigilance) & PIO, all present in person.
Written submissions of the Respondents are taken on record.
The Appellant, during the hearing, reiterated the contents of his above- mentioned RTI applications and instant appeals and submitted that till date complete and correct information has not been provided to him by the Respondents. He stated that the Respondents have wrongly invoked Section 8(1)(j) of the RTI Act in denying the information.
The Appellant, during the hearing, alleged that with the help of some corrupt officers / officials and their connivance, the above-mentioned officials have taken a backdoor entry for the PB-IV. For example, last salary drawn is approximately 2 Lacs, and on the next salary under PB-IV, the amount changes to 3 Lacs i.e. approximately 50% salary increase but said employees are not qualified under the conditions and it is loss of public money and a clear loss of MCD revenue. The Appellant further submitted that complaints against those employees were made but despite that promotion was given to said employees.Page 68 of 73
The Appellant further reiterated the contents of his second appeal and some of the extracts are reproduced hereinbelow:
"The current scenario proves that MCD officers / officials by MCD approx. Loss of Exchequer are approximately 50 crores. As per a conditions he will to pass a Departmental accounts Test within two years of his appointment in the grade. failing which he will not be granted annual increment ........... Because the PIO Vigilance is hiding the information intentionally to save the officials of MCD because I have given a complaint to Commissioner MCD regarding the Executive Engineer XII Shri K P Singh as per direction of Commissioner investigation / inquiry should be started and Ist stage advice of Central Vigilance Commission has complaint Registered and also directed the Vigilance to issue the RDA & major penalty was imposed against Shri K P Singh by CVC in the month of March 2007, Vigilance department favored the K P Singh and Promotion was given to Sri K P Singh. One letter was issued in the office of Director Personnel regarding No RDA details dt. 06.07.2007 (Friday) 09.07.2007 (Monday) , no RDA report was received in the office of the Director Personnel even then CVC has given permission to Vigilance Department issued the charge sheets filed after the expiry of 5 months RDA No. l/ 52 I 2007. Shri K P Singh has been promoted as the Superintending Engineer, On 1310712007 K P Singh was promoted and its charge sheet was issued on 2010712007; it is clearly shown that Vigilance Department is a corrupt department and promotes corruption."
The Respondents, while defending the above-mentioned cases, inter-alia submitted that complete point-wise reply/information, as per the documents available on record has already been provided to the Appellant on his above- mentioned RTI applications. Further, the orders given by the FAA has also been complied with by the CPIO. The Respondents further submitted that the information which is strictly prohibited under Section 8(1)(j) of the RTI Act was not provided to the Appellant.
Decision:
The Commission upon a perusal of records and perusal of nature of the information sought by the Appellant in his RTI applications, he appears to have misinterpreted the scope and ambit of the RTI Act or appears largely not well acquainted with the technicalities of the Act in terms of what to ask, how to Page 69 of 73 ask and most importantly, what to expect from the CPIO(s) & FAA in exercise of his right to information. In other words, the information sought in the RTI applications do not strictly even conform to the provision of Section 2(f) of the RTI Act as the Appellant has raised queries or statements that are in the form of conjecture viz, Whether Shri Yadav passed the departmental Account test. Please provide the details of account test result whether he was passed or failed; If in any matter punishment was/were done. Please provide the copy of order, seeking answers to "whether" questions or requires the CPIO to form an opinion based on records or interpret the records.
In this regard, the DOPT has issued several Office Memorandums (OMs) wherein it has been categorically noted that RTI Act does not include answers to the questions like 'why' or 'whether'. The PIO cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification.
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 cannot be expected to create information as per the desire of the Appellant. As per Section 2(f) of the RTI Act, the reasons/opinions/advises/rules can only be provided to the applicants if it is available on record of the Public Authority. The CPIO cannot create information in the manner as sought by the Appellant.
The Commission further observes that the information sought by the Appellant in his above-mentioned RTI applications is personal information of a third party which is exempted from disclosure under Section 8(1)(j) of the RTI Act. The Appellant has not disclosed any larger public interest in documentary form for seeking third party information. Despite the fact, the Respondents have provided complete point-wise information to the Appellant as per his RTI applications.
The Commission agrees with the stand taken by the Respondent that the information sought by the Appellant relates to the personal information of third parties, which is exempted from disclosure under Section 8(1)(j) of the RTI Act.Page 70 of 73
The same can be garnered from a bare perusal of the text of Section 8(1)(j) of the RTI Act as under:
"8. Exemption from disclosure of information.--
(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, xxxx
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information;.." In this regard, attention of the Appellant is also drawn towards a judgment of the Hon'ble Supreme Court of India in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & Anr., (2013) 14 SCC 794.The following was thus held:
"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."Page 71 of 73
It further appeared during the hearing that the Appellant is harbouring a grievance related to illegal grant of grade pay of Rs. 8,700/- and promotion to employees whose names are mentioned in the above RTI applications. He alleged that the said employees are wrongly promoted in the organization.
The Appellant is advised about the powers of the Commission under the RTI Act by relying on certain precedents of the superior Courts as under:
The Hon'ble High Court of Delhi in the matter of Hansi Rawat and Anr. v. Punjab National Bank and Ors. (LPA No.785/2012) dated 11.01.2013 has held as under:
"6. ....proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished."(Emphasis Supplied) The aforesaid rationale finds resonance in another judgment of the Hon'ble Delhi High Court in the matter of Govt. of NCT of Delhi vs. Rajender Prasad (W.P.[C] 10676/2016) dated 30.11.2017 wherein it was held as under:
"6. The CIC has been constituted under Section 12 of the Act and the powers of CIC are delineated under the Act. The CIC being a statutory body has to act strictly within the confines of the Act and is neither required to nor has the jurisdiction to examine any other controversy or disputes."
While, the Apex Court in the matter of Union of India vs Namit Sharma (Review Petition [C] No.2309 of 2012) dated 03.09.2013 observed as under:
"20. ...While deciding whether a citizen should or should not get a particular information "which is held by or under the control of any public authority", the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority...." (Emphasis Supplied) The Appellant is advised to approach appropriate forum/proper channel to get a redressal of his grievance.Page 72 of 73
During the hearing, it revealed that the Appellant is seeking about certain promotions given in the Respondent Public Authority which he feels could not have been given. Taking a liberal view in the matter, the Commission directs the Respondents to provide to the Appellant copy of minutes of screening committee, within a period of two weeks from the date of receipt of this order.
The FAA is directed to ensure compliance of this order.
No further intervention of the Commission is warranted in the matter.
The above-mentioned second appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कु मार ितवारी) Information Commissioner (सूच ना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Municipal Corporation of Delhi, Central Establishment Department, E-Block, 22nd Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi - 110002 Page 73 of 73 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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