Central Information Commission
Mr.Ashok Kumar vs Mcd, Gnct Delhi on 10 June, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001101/8092
Appeal No. CIC/SG/A/2010/001101
Relevant Facts emerging from the Appeal:
Appellant : Mr. Ashok Kumar,
DSIDC & UN CETP Society Regd,
Rohtak Road,
Delhi- 110041.
Respondent : Mr. Jagdish Kumar
Deemed PIO & Executive Engineer, Municipal Corporation of Delhi, Vishal Enclave, Rajouri Garden, New Delhi- 110027.
RTI application filed on : 24/11/2009 PIO replied : 30/12/2009 First appeal filed on : 29/12/2009 First Appellate Authority Ordered on : 01/04/2010 Second Appeal received on : 28/04/2010
The Appellant wanted specific information regarding employees of Building Department of MCD.
S.No Information Sought Reply of the Public Information Officer (PIO)
1. Name of officers, staff & other persons employed Pertains to C.E.D. Town Hall/ directly or indirectly with Building Deptt. at MCD A.D.C. (Engg.) Town Hall. Rajouri Garden drawing remuneration from MCD exchequer.
2. Date of Employment of each such person separately. Same as above.
3. Educational qualification of each such person Same as above.
separately.
4. Designation of each person at time of employment Same as above.
and present designation.
5. For the period 1.04.08 to 31.10.09 month wise salary, Pertains to Account Deptt.
wages, D.A., leave and other perks.
6. Total remuneration drawn by each person in (1) Same as above.
during 2004-05; 2005-06, 2006-07, 2007-08 respectively.
7. List of persons who have faced disciplinary action or Pertains to Vigilance Deptt.
other charges during period of service. Period of action and final decision taken by MCD be intimated. Also specify loss/benefit to the exchequer as a result of the same.
10. Photocopy of Hon'ble SC judgment of 16th Feb,2006 Pertains to judicial Deptt.
in the matter of M.C. Mehta v. UOI & ors.
11. Photocopy of office note sheets in cases of properties Copies attached (P.I.O. is in Uday Nagar as well as DSIDC Indul. Area who requested to charge Rs. 2 per have been served with notice in 2009 by MCD office pg. at Rajouri Garden.
15. Parent Deptt. of each person at (1) if deployed on As above (1) deputation in MCD from other Deptt.
Grounds for the First Appeal:
Unsatisfactory information received from the PIO. First Appellate Authority (FAA) order:
PIO asked to provide information to Vigilance Department so that information of respective department be provided to appellant and revisit the application and send the available information as asked for y the appellant within two weeks' time.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO and non-compliance of FAA's orders.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Absent;
Respondent : Mr. Jagdish Kumar, Deemed PIO & Executive Engineer;
The respondent states that information sought is really very voluminous and it would be difficult to get information and provided in the format sought by the appellant. This should have been stated initially by the PIO and the Commission warns the PIO that if this is not stated initially the Commission would apply penal provisions of Section 20(1) of the RTI Act. The Commission however directs the PIO to collect whatever information is available readily and send it to the appellant before 10 July 2010. The Commission recognizes that the information sought is voluminous and it may not be possible to provide some of the information.
Decision:
The Appeal is allowed.
The PIO is directed to give the information as described above to the appellant before 10 July 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 10 June 2010 (In any correspondence on this decision, mention the complete decision number.)(SC)