Central Information Commission
Mr.R D Sharma vs Ut Of Chandigarh on 11 November, 2013
Central Information Commission
Room No.306, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Tele:01126180512 & 01126717355 Fax : 01126106145 websitecic.gov.in
Appeal: No. CIC/DS/A/2013/001383
Appellant /Complainant : Shri R.D. Sharma, Chandigarh
Public Authority : Health Department, Chandigarh
(Dr, Balraj Krishan Salwan, Sh. D.S.
Bhansal, Ms
Veena Rani, Sr. Asstt. , Sh.
O.P.Arora,Consultant)
Date of Hearing : 11 November 2013
Date of Decision : 11 November 2013
Facts:
1. Appellant submitted RTI application dated 22 March 2013 before the CPIO, Municipal Corporation, UT, Chandigarh; seeking information in connection with the inquiry report of Vigilance Department conducted in the case of Complaint made by Shri Chander Mukhi Sharma, R/o H. No. 38, Sector10A, Chandigarh in the year 2011 against M/s Jai Prakash Associates Ltd., Chandigarh.
2. Vide CPIO Order dated 23 April 2013, CPIO informed that the desired information is not directly with their department but it relates to the Vigilance Department of Chandigarh Administration (3rd Party), therefore your application is yet not finalized for want of consent received from the Vigilance Department, U.T. Chandigarh by their Office. Later by the CPIO Order dated 10 May 2013, CPIO denied the sought information as the 3rd party has refused to give the same.
3. Not satisfied by the CPIO's reply, the Appellant preferred First Appeal to the First Appellate Authority dated 13 May 2013.
4. Vide FAA Order dated 29 May 2013, the FAA upheld the decision of the CPIO.
Appeal: No. CIC/DS/A/2013/001383
5. Being aggrieved and not satisfied by the above response of the Public Authority, the Appellant preferred Second Appeal before the Commission.
6. The matter was heard today. Both the parties, as above, appeared in person and made submissions. The Vigilance Department was also represented by Shri D.S. Bharwal, Supdt. Incharge, Vigilance Cell, U.T. Secretariat who was present. The appellant pressed for disclosure of information as sought by him on the grounds that the Vigilance Cell, U.T. Sectt. had completed the inquiry almost two years ago and had also passed on the said Inquiry Report to the MC, Chandigarh. The Supdt. Incharge Vigilance Cell stated that the inquiry was completed on 19.10.2011 and a copy of the Report was forwarded to the Commissioner, MC , Chandigarh in February/March, 2012. Later, a reference was made to the CVC seeking their comments on 4.7.2013. It was also submitted that CVC responded by seeking some more information from the Vigilance Cell vide letter dated 18.10.2012. It was stated by Shri D.S. Bharwal that this information was provided by the MCC on 2.4.2013 and that the Vigilance Cell had not yet forwarded this to the CVC. The representative of the Health Department accepted that copy of the Inquiry Report had been received by them.
Decision Notice
7. After hearing all the parties, Commission notes that an inquiry that was completed as early as 19.10.2011 was referred to the CVC for their comments after a delay of over 8 ½ months by the Vigilance Cell of U.T. Secretariat. Further to compound the delay, the response received from Municipal Corporation, Chandigarh dated 2.4.2013 in response to the query raised by CVC vide their letter of 18.10.2012 still remains pending with the Supdt. Incharge Vigilance Cell, U.T. Sectt. to date, leading the Commission to surmise that there appears to be some intention to delay the matter by the Vigilance Cell, U.T. Sectt. especially since CVC responded to the communication received from Vigilance Cell after going through over 2000 pages Inquiry Report in just 3.1/2 months. Also the appellant is the party against whom inquiry was held Appeal: No. CIC/DS/A/2013/001383 after receiving complaint from Shri Chander Mukhi Sharma who it is stated is a business competitor of the appellant. Therefore, appellant has every right to know the outcome of the inquiry which was completed in October, 2011. Therefore, it is directed that the holder of the information i.e. Municipal Corporation will provide opportunity of inspection of the Inquiry Report to the appellant within three weeks of receipt of the order for a period of 03 (three) hours free of cost. However, no photocopy of any document will be provided to the appellant till the matter is complete and over. Also, any communication of the Public Authority with Vigilance Cell need not be disclosed till the matter is over.
(Smt. Deepak Sandhu) Chief Information Commissioner Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri R.D. Sharma (Unit Incharge) GreenTech Fuel Processing Plant, (A Unit of M/s Jaiprakash Associates Ltd.) Sector25, Chandigarh
2. The CPIO Medical Office (Health) Municipal Corporation New Deluxe Bldg., Sector17 Chandigarh
3. The Appellate Authority Additional CommissionerI Municipal Corporation New Deluxe Bldg., Sector17 Chandigarh Appeal: No. CIC/DS/A/2013/001383 Appeal: No. CIC/DS/A/2013/001383