Central Information Commission
Visheshwar Shrivastav vs Delhi Jal Board on 25 March, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DELJB/A/2023/148739
Visheshwar Shrivastav .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Delhi Jal Board, Maintenance
Division, EE(M)-47, Greater
Kailash-I, New Delhi - 110048 .... ितवादीगण /Respondent
Date of Hearing : 17.03.2025
Date of Decision : 25.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 06.06.2023
CPIO replied on : Not on record
First appeal filed on : 20.07.2023
First Appellate Authority's order : 18.08.2023
2nd Appeal/Complaint dated : 16.11.2023
Information sought:
The Appellant filed an RTI application dated 06.06.2023 (offline) seeking the following information:
"1. Provide the Measurement Book(MB) Book's Certified Copy of Private Water Tanker Hired under AC-47, Division officer (Presently under ACE M Page 1 of 6 III), Delhi Jal Board, Govt. of NCT of Delhi, from April 2022 to March 2023.
2. Provide the Bill Form's Certified Copy of Private Water Tanker Hired under AC-47, Division Office (Presently Under ACE M-111), Delhi Jal Board, Govt. of NCT of Delhi, from April 202 to March 2023.
3. Provide the Log Sheet's Certified Copy of Private Water Tanker Hired under AC-47, Division Office (Presently Under Delhi Jal Board, Govt. Of NCT of Delhi, from April 2022 to March 2023.
4. Provide the Movement Register's Certified Copy of Private Water Tanker Hired under AC-47, Division Office (Presently under ACE M-III).
Delhi Jal Board, Govt. of NCT of Delhi, from April 2022 to March 2023.
5. Provide the Work Orders Certified Copy of Private Water Tanker Hired under AC-47, Division Office (Presently Under ACE M-III), Delhi Jal Board, Govt. Of NCT of Delhi, from April 2022 LO March 2023.
6. GPS Installed by Delhi Jal Board in Private Water Tanker Hired under AC-47, Division Office (Presently Under ACE M-III), Delhi Jal Board Govt. Of NCT of Delhi, Provide the GPS Kilometre distance record Certified Copy from April 2022 to March 2023.
7. Provide the Certified Copy of panalty imposed on Private Water Tankers Hired under AC-47, Division Office (Presently Under ACE M-III), Delhi Jal Board, Govt. Of NCT of Delhi, from April 2022 to March 2023.
8. Provide the Certified Copy of notice/memo issued to Private Water Tanker / Concerned Agency for disobeying The norms/terms conditions under AC-47 Division Office (Presently Under ACE M-III), Delhi Jal Board, Govt. Of NCT of Delhi, from April 2022 to March 2023.
9. Provide the Certified Copy of notice reply / memo reply in concerned with notice issued to Private Water Tankers /Concerned Agency for disobeying the norms/terms and conditions under AC-47, Division Office (Presently under ACE M-III), Delhi Jal Board, Govt. Of NCT of Delhi, from April 2022 to March 2023.
10. Provide the Measurement Book (MB) Book's Certified Copy of Civil Work Done by Gaurav, Junior Engineer presently working under ACE M-
Page 2 of 6III, AC-47, Division Office, Delhi Jal Board, Govt. Of NCT of Delhi from April 2022 to March 2023.
11. Provide the NIT Certified Copy of under ACE M-III, AC-47, South Division Office, Delhi Jal Board, Govt. Of NCT of Delhi from April 2022 to March 2023.
12. Provide the Work Completion Certificate Certified Copy of Civil Work Done under Gaurav, Junior Engineer preseutly working under ACE M-III, AC-47, Division Office, Delhi Jal Board Govt. Of NCT of Delhi from April 2022 to March 2023
13. Kindly provide the certified copy of Tata Pickup Water Tankers including the name of owners which are currently working under area of Deoli Vidhansabha.
14. Kindly provide the details of payment mode by DJB to Tata Pickup Water Tankers and Tata 407 Water Tankers on basis of per day payment made to per water tanker."
Not having received any response from the CPIO, the appellant filed a First Appeal dated 20.07.2023. The FAA vide its order dated 18.08.2023, held as under:
"Appellant stated that information sought by RTI application ID No. 1605 Dated: 06-06-2023 has not been received. PIO stated that desired information contains in large number of files, registers and voluminous. Collecting all documents will adversely affect the daily working of limited number of staff available in his office, therefore appellant was requested for inspection of record but they did not visited the office for inspection.
PIO is directed to give one more offer for inspection of related record of this RTI application within 15 days from the issue of this order, date for inspection may be fixed in consultation with appellant. EE (M)-47/ΡΙΟ & ΑΑΟ (M)-XI/PIO ensure availability of record on due date of inspection."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-Page 3 of 6
Appellant: Absent.
Respondent: Shri Satyender Dabas, PIO-cum-EE, attended the hearing in person.
The Appellant did not participate in the hearing.
The Respondent submitted that in compliance with the direction passed by the First Appellate Authority, their office has offered an opportunity of inspection of the relevant record to the Appellant vide letter dated 20.09.2023 as the information is voluminous in nature consisting of more than twenty thousand pages and that too is scattered across many APIOs. He submitted that there is scarcity of staff in DJB and getting photocopy of 20,000 pages will shut down the office for many days. Further, photocopying 20,000 pages is beyond the capacity of the photocopiers installed in his office and if they get them photocopied from outside market, then the actual expenditure incurred will attract the provisions of Section 7 (9) of the RTI Act. The Respondent added that the Appellant has visited their office for inspection and has restricted the information to 7000 pages. To assist the Appellant for the relevant information in view of the limiting factors as enumerated during the hearing and noted above, he is willing to permit the Appellant to scan the requisite records due to extremely limited resources and further volunteered to facilitate him for inspection of the relevant records by providing electricity plug point and all the needful that the Appellant requires while scanning the requisite record.
A written submission has been received from Shri Satyender Dabas, PIO-cum- EE, vide letter dated 13.03.2025, stating as under:
"The appellant had filed RTI bearing Id. No. 1605 in Delhi Jal Board on 06.06.2023., wherein:
From s. no. 1 to 9 & 14, the appellant had sought voluminous information like certified copies of measurement books, bill forms, log sheets, movement register, work orders, GPS distance report, penalty imposed, memo/notice issued, replies to memo/notice issued, payment made regarding the private water tanker hired under AC-47 from April 2022 to March 2023.
From s. no. 10 to 13, the appellant had information like certified copies of measurement books, NIT, work completion certificate, regarding the work done by Gaurav, Junior Engineer under AC-47 from April 2022 to March 2023.Page 4 of 6
Reply to the applicant of RTI was given by PIO, EE(M)-47 on 20.06.2026 for s. no. 4. the applicant was asked for inspection of the record, for s. no. 13 & 14 information was provided. For s. no. 1 to 12, it was replied that the information sought pertains to AAO C/o ACE(M)-11, with a copy provided to AAO(M)-11. Perusal of record, it established that the appellant approached the FAA stating that he has not received the information sought. PIO in the hearing in the chamber of FAA on 18.08.2024 submitted that desired information contains in large number of files, registers and voluminous. Collecting all documents will adversely affect the daily working of limited. number of staff available in his office, therefore appellant was requested for inspection of record but they did not visited the office for inspection. FAA, has passed an order on 24.08.2024, directing PIO to give one more inspection of related record of this RTI application within 15 days from the issue of the order. The inspection was carried out by the appellant but he was not satisfied with the inspection, therefore he preferred second appeal in the Hon'ble CIC, to order respondant. DJB to provide him information for s. no. 1-3, & 5-12. In this regard, it is submitted that the desired information exist in approx. 20,000 pages and to be gathered from many APIOs. To get inspected approx. 20,000 pages or getting photocopy of 20,000 pages and scarcity of staff in DJB, will shut down the office for many days. Further, photocopying 20,000 pages is beyond the capacity of the photocopiers installed in DJB offices and if they get photocopied from outside market, then the actual expenditure incurred is much more than what applicant deposit, if he directed to do so and will be wastage of public money. Also, in the RTI application, the applicant did not specify the purpose and how such voluminous information is it the interest of the public. Therefore Hon'ble CIC is prayed that suitable order may be passed that the providing of the information (photocopies) shall be limited to reasonable extent which shall not hamper the day to day work of DJB offices."
Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that the information sought by the Appellant in the instant RTI Application is indeed scattered across different offices and is voluminous in nature. It is further observed that due to scarcity of staff and extremely limited resource in DJB, directing the Respondent to provide photocopies of the requisite information to the Appellant will attract the provisions of Section 7 (9) of the RTI Act. The Commission appreciates the volunteering by the Respondent to allow the Appellant to scan the relevant documents.
The Commission therefore directs the PIO to facilitate an opportunity of inspection of the available and requisite records to the Appellant on a mutually decided date & time but within four weeks. Thereafter, the Appellant is at Page 5 of 6 liberty to scan the requite information either on mobile phone or any scanning device, for which the Respondent will provide the necessary assistance by providing electricity plug point etc. to the Appellant. The intimation of the date and time of the inspection shall be provided to the Appellant by the CPIO telephonically and in writing.
In the process of facilitating the inspection and providing subsequent copies of the record, the CPIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act.
The above directions shall be complied with by the CPIO within four weeks from the date of receipt of this order.
The First Appellate Authority is directed to ensure the compliance of the above order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Delhi Jal Board Jal Sadan, Lajpat Nagar, New Delhi - 110024 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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