Central Information Commission
Sh. R.D. Misra vs Municipal Corporation Of Delhi on 26 December, 2008
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor, Block IV,
Old JNU Campus, New Delhi -110 066.
Tel: + 91 11 26161796
Decision No. CIC /WB/A/2008/00648//SG/0762
Appeal No. CIC/WB/A/2008/00648/SG
Relevant Facts emerging from the Appeal
Appellant : Sh. R.D. Misra,
251-D, Pocket J&K,
Dilshad Garden,
New Delhi - 110095.
Respondent 1 : Mr. A. K. Ambasht,
PIO, Municipal Corporation of Delhi, Lajpat Nagar, Ring Road, New Delhi.
RTI application filed on : 24/10/2007
PIO replied : 24/12/2007
First appeal filed on : 21/01/2007
First Appellate Authority order : 28/12/2007
Second Appeal filed on : 19/03/2008
The appellant has asked in his RTI application regarding names of the officers responsible for violation of the transfer policy and not changing the area/zone of Shri Malhotra after prescribed tenure of one year.
Detail of required information:-
S.No. Information sought. The PIO replied.
1. As Shri S.L.Malhotra is working in the A& C deptt. For Shri S.L.Malhotra, ZI is working in A&C
more than a decade please supply exact date from which Department since 7/1/95(regular) and his
Shri S.L.Molhtra Zonal Inspector was posted in this earlier posting in A&C Deptt was w.e.f.
department (regular or diverted capacity)and tenure of his 7/8/1986 to 18/9/1987. However, he joined posting in earlier spells in this department with date of A&C Deptt. South Zone/R.K.Puram on tenure.. 24.7.2004.
2. The names of the officers who did not relieve him to join In pursuance of CED's office no. 14033-41 his new posting in Secretary office with copy of letter dated 13-6-2007 Shri S.L.Malhotra, HC has written by Shri Dhankar Jt. A&C to the CED for his been retained in A&C deptt. Copy of the retention in the A& C department and before writing the note has not been retained. Remaining letter copy of office noting granting approval for taking up information is not covered under RTI Act, the matter with the CED. Please enumerate special 2005. On earlier occasion, he has not qualifications which compelled his officer to recommend retained and also there is no policy to his continued retention against the transfer posting policy change the area. approved by the general house of the corporation in 1964 & also orders of the Commissioner.
A
3. Also please intimate names of the officers responsible for There is no violation of transfer policy and violation of the transfer policy and not changing the remaining information is not covered under area/zone of Shri Malhotra after prescribed tenure of one RTI Act, 2005. year or so & kept him posted in the areas which were plum and constant source of income to him & his officers.
4. Please intimate the areas being looked after by him from Shri Malhotra joined A&C Deptt. Sougth time to time (with spells) as part of his duties in the A&C Zone/R.K.Puram on 24.07.2004. He was department from his posting in the A&C to date. Also given the charge of Gautam Nagar, Mayfair please intimate when he is looking after areas comprising Garden, Bhavishya Nidhi Enclave, Padmini population of Greater Kailash-II, Safdar Jang, Development Enclave. Area, Safdar Jang Enclave etc.
5. Please make available tax arrears /recoveries from the area The information is not maintained under jurisdiction of Shri Malhotra during 2004-05, 2005- inspector-wise and hence cannot be 06, 2006-07 (pertaining to the respective years) and arrears provided u/s 7(9) of RTI Act, 2005. of recovery as on 01/04/2007.
6. Please intimate assessment orders issued/finalized in the The information is not maintained areas of Shri Malhotra from 01/041/2004 till 30/09/2007 inspector-wise and hence cannot be with particulars of properties and names of the officers and provided u/s 7(9) of RTI Act, 2005. designation authoring the assessment orders.
7. Number of properties & demands in the areas of Shri Since the area has been frequently changed, Malhotra from 1/04/2004 (year wise). no fix number of demand can be indicated area-wise. However, at present total number of demand-6750 is being handled by him.
8. Is it not logical conclusion that retention of Shri Malhotra This is not covered under RTI Act, 2005.
has been recommended in the deptt. By the officers due to his long experience in the department. An inspector of A&C deptt. (Under Shri Amit Gupta Jt. A&C) caught red handed recently while accepting first installment of over Rs.20000=00 was an exception, as the trapped inspector was overconfident of his family connections with the police officer in the CBI.
9. Number of notice boards of attachment of properties were Notices are issued to the individual provided by Shri Malhotra in his area of operation during properties and no consolidated statement of 2004-05, 2005-06 and 2006-07 (year wise sperately for the such notices are prepared and hence same properties located in GK-I, S.J. Development Area & Safdar cannot be provided. Jang Enclave.
10. Number of notice boards of attachment of properties wee 12 properties were attached and one auction provided by Shri Malhotra in his area of operations during board was fixed in the area during 2005-06. 2004-05, 2005-06 and 2006-07 & amount claimed & Then properties were attached and one reimbursed to him along with directions given to him for auction board was fixed during the year providing the boards and the procedure for procurement 2006-07 the amount of Rs.3820/- was adopted by him. claimed for the same.
11. Shri Malhotra has been asked to keep him self free of Not covered under RTI Act, 2005. No clerical duties & allowed orally to get the work done notice server has been attached with Shri through proxy by arranging outside assistance & for the last S.L.Malhotra ZI. about 2 months allowed one female U.D.C. & also provided the services of a notice server one Nain Singh.
12. The UDC attached with Shri Malhotra has been directed to Smt. Neeta, UDC is posted as Bill clerk to reconstitute/reconstruct demand & collection register, look after the work of bill clerk of the areas please attach copy of office order providing clerical being looked after by Shri S.L.Malhotra, ZI assistance & also a notice servier to Shri Malhotra. and she has not been attached with Shri S.L.Malhotra, ZI.
13. Please make available for inspection postage register for Since no notice were issued during 2004- 2004-05 in which notices u/s 123 AB were issued by him 05, question of postage register for the same also please indicate names of the outsider who prepared does not arise. No outsider was provided by scrutiny forms on behalf of Shri Malhotra. the department. The First Appellate Authority ordered:
The First Appellate Authority on 28/12/2007 ordered that "During the hearing on 27/12/2007, the appellant Sh. R. D. Malhotra was present. Sh. Suresh Sharma, AA&C was present on behalf of PIO i.e. A&C and their submissions were heard.
From the perusal of the record it is seen that no reply has yet been furnished to the appellant. It is also seen that there was a delay in transfer of this I.D. to the A&C office. Accordingly, the PIO i.e. A&C is directed to furnish the requisite reply to the appellant within 15 days from the receipt of this order".
Relevant Facts emerging during Hearing:
The following were present.
Appellant : Sh. R.D. Misra, Respondent : Mr. Anil Wasan representing Mr. Vijay Singh then PIO Mr. R.K.Gupta representing Mr. A.K.Ambast then PIO During the hearing the respondent states that the information sought was supplied to the appellant whereas appellant contended that the information is misleading and wrong one. However, the commission directed to the respondent to provide information.
For Point nos. 1,2 & 3 the respondent is hereby directed to supply all the papers related to transfer of Mr. Malhotra along with file noting sheets should be dispatched before 20/01/2004.
For Point nos. 5, 6, 7 & 9 the respondent offered inspection to the appellant before Commission on 5/01/2009 at 11.00AM in the presence of Mr. Hasan, for which both the parties mutually agreed upon.
Decision:
The Appeal is partially allowed.
The respondent will supply the complete information on points 1,2 & 3 before 20th January 2009 and for point nos. 5,6,7, & 9 the respondent will offer inspection to the appellant on 5th January, 2009 at 11.00AM with Mr. Hasan of MCD.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 26th December, 08.
(In any correspondence on this decision, mentioned the complete decision number.) (BK)