Indian Kanoon - Search engine for Indian Law

Central Information Commission

R K Gaur vs Mcd on 3 July, 2024

                             केन्द्रीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ मागग, मुननरका
                        Baba Gangnath Marg, Munirka
                         नई निल्ली, New Delhi - 110067


File No: CIC/MCDND/A/2023/117146


R K Gaur                                                 .....अपीलकर्ाग /Appellant


                                        VERSUS
                                         बनाम


PIO,
Municipal Corporation of Delhi,
Office of the Executive Engineer
(Elect.) IV/SZ, M C Primary School,
Police Colony, Hauz Khas,
New Delhi - 110016.                                   .....प्रनर्वािीगण /Respondent

Date of Hearing                     :    25.06.2024
Date of Decision                    :    02.07.2024


INFORMATION COMMISSIONER :               Vinod Kumar Tiwari


Relevant facts emerging from appeal:


RTI application filed on            :    31.01.2023
CPIO replied on                     :    24.02.2023
First appeal filed on               :    18.03.2023
First Appellate Authority's order   :    Not on record
2nd Appeal/Complaint dated          :    13.04.2023



                                                                        Page 1 of 4
 Information sought

:

The Appellant filed an RTI application dated 31.01.2023 seeking the following information:

1. Action taken on my letter dated 13/12/2022 (copy attached) sent through email to EE (E), South Zone (Copy attached) and to Sh. Yogesh JE (E) through WhatsApp on his Mobile No. 9784864553 on 13/12/2022.

(Screenshot attached).

2. Information about the Street Lights/ Lights presently installed in the park; of B-3 Vasant Kunj viz., No. of Street Lights/Poles and Poles/Lights installed, with date of installation and cost of installation on each occasion.

3. Information/ documents about the ongoing MP LAD Scheme work of replacement of Poles/Street Lights and Poles/Lights in the Parks in B-3 Vasant Kunj: -

a). Copy of Scheme/ Survey Report identifying the spots and number of Poles/Lights and justifying the replacement of old Poles/lights with new ones and installation of additional new Poles/Lights in dark spots, prepared by the concerned JE/ΑΕ/ΕΕ.

b). Copy of Budget Estimates/Financial statement.

c). Copy of NIT, Comparative Statements and other documents available.

d).    Copy of Work Order.
e).    Any other documents available in the matter

4. Information/documents about the repair of Borewell installed in this Pocket B-3, Vasant Kunj (for horticulture purpose only):

a). A copy of the budget of repair and details of actual expenditure incurred on repair.

b). The date on which it was made functional after repair.

c). The date of inauguration of Borewell by Sh. Manoj Mehlawat, the then Municipal Councilor. As per the Plaque installed your department, few days back, it was inaugurated on 7/3/2021. (Photo enclosed) The CPIO furnished a reply to the Appellant on 24.02.2023 stating as under:

1. The entire pocket had been surveyed and the dark spots which were identified have been attended.

2. Presently, total 18 street light poles are installed in the park of B-3 Vasant Kunj. Out of which 6 nos. poles were installed on 07.03.2019 against the work order attached at page no. 1 and 12 nos. of poles were installed on 12.10.2022 against the work order attached at page no. 2.

3. At presently, there is no ongoing MPLAD Scheme work of replacement of poles/street lights in the parks in B-3 Vasant Kunj.

4. (a). Copy of budget is attached at page no. 3 and actual expenditure was 104840/-.

(b). It was made functional on 03.03.2021

(c). Not pertains to this office.

Being dissatisfied, the appellant filed a First Appeal dated 18.03.2023. The FAA order is not on record.

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not Present.

Respondent: Shri Atul Bhardwaj, Ex. Engineer Electrical present in person.

Written submissions of the Appellant are taken on record.

The Respondent while defending their case inter-alia submitted that vide their letter dated 24.02.2023, they have furnished complete point-wise reply/information to the Appellant as per the documents available on record. The reply of the Respondent was seen during the hearing.

Decision:

The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, notes that the Respondent provided point-wise reply/information to the Appellant vide letter dated 24.02.2023.

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 is not 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.

In this regard, the Commission finds no infirmity in the reply and as a sequel to it further clarifications tendered by the CPIO during hearing as the same was found to be in consonance with the provisions of RTI Act.

In view of the foregoing, no intervention of the Commission is warranted in the matter.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:

The FAA, MUNICIPAL CORPORATION OF DELHI 21ST FLOOR, CIVIC CENTER, NEW DELHI-110002.

Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)