Central Information Commission
Mr.Sunil Kumar Mehra vs Mcd, Gnct Delhi on 4 October, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002317/9582
Appeal No. CIC/SG/A/2010/002317
Relevant Facts emerging from the Appeal:
Appellant : Mr. Sunil Kumar Mehra
O/o Director (TP)
D. U. S. I. B. Slum & JJ Department,
Municipal Corporation of Delhi
Vikas Kuteer, I. P. Estate,
New Delhi - 110002.
Respondent 1 : Mr. Anil Gupta
Public Information Officer & Administrative Officer Municipal Corporation of Delhi Central Establishment Department Town Hall, Delhi - 110006.
Respondent 2 : Mr. S.P. Sharma,
PIO & Asst. Director (Vigilance),
Municipal Corporation of Delhi
(Vigilance Department)
16 Rajpura Road, Civil Lines, Delhi
Respondent 3 : Mr. Shamser Singh,
PIO & Sr. Town Planner,
Town Planning Department,
Municipal Corporation of Delhi
Kashmere Gate, Delhi;
RTI application filed on : 27/04/2010 (ID No.930 & 931)
PIO replied : 26/05/2010
First appeal filed on : 11/06/2010
First Appellate Authority order : Not mentioned
Second Appeal received on : 17/08/2010
The Appellant had issue on following points:
Sl. Information Sought Reply of the PIO
ID No. 930
5. Please give time & date to inspect the file in which the said The said office order was issued by the ADC decision was taken to post the U/S in the Slum & J Deptt of (Engg) HQ, Hence the relevant record can be MCD. inspected from the Office of ADG(Engg.) HQ with prior approval/engagement.
7. Whether it was correct that inspite of the orders of the Related to Engg. HQ.
Hon'ble High Court, the U/S was posted/transferred out of cadre. Name of the responsible officer for the Contempt of Court alongwith their designations.
9. If Yes, then please inform whether he is continuing to work Presently Mr. R. S. Nagar, Architect is posted over there (Arch. Deptt or NOT. If Not, then when was he in TP Deptt. Copy of the office order could be Page 1 of 3 transferred back? provided by depositing ` 2 only in Municipal Please provide a copy of the office order of his re-transfer Treasury. back to the T.P. Deptt. was the said order processed/issued by CED or not.
12. What is the present status of processing of this Matter is still under process.
recommendation? Please provide details.
14. Has any cadre review been initiated in respect of posts of A case related to upgradation of posts of officers in the T.P. Deptt? If Yes, please provide copy of the Town Planning Deptt., is under process and at proposal/approval. present this file is being dealt in the office of O & M.
15. Please inform about the state of the above proposal, if 'any The reply to this question will be given only i.e. from which level has it been approved for after the file is received back in the CED. implementation.
16. Can a person having been recommended for CBI's major No such information is available on record.
penalty, be promoted without clearance from CBI/Vigilance Deptt/Standing Committee/House of MCD/ L.G.
17. If Yes, please provide a copy of the orders applicable in such No such information is available on record.
cases, allowing such promotions.
18. Will the Department rectify their mistake in respect of wrong No such information is available on record.
posting of the U/S and other officers in the Slum & JJ Deptt as Out of Cadre postings which are in violation of the directions (orders) of the High Court as stated in this RTI application tantamount to the contempt of Court.
19. What shall be the relief to the mental torture & sufferings in No such information is available on record.
such blunderous transfer as compensation payment? Please give details.
20. Please specify the time frame, when I shall be asked to join No such information is available on record.
back to my cadre.
ID No. 9318. Please provide time and date for inspection of Cadre files & You can inspect the relevant files/record with above mentioned request tiles for the posts of Chief Town prior appointment of time and date with Planner & Addl. Chief Town Planner. AO(Estt.) -III.
17. Is it correct that Mr. V.K. Bugga, C.T.P. submitted an entry At present the record is not available. As and for urban design competition in SPA (School of Planning & when the record will be received in CED, the Architecture) in his own name? (A copy of list of entries as same will be replied. enclosed shows name of Shri V.K. Bugga at Sr.No.34 (Code No.346S7).
18. Did he take any permission from the Competent Authority, As above.
while submitting competition entry?
19. If Yes, please provide a copy of the permission letter. As above.
20. Please give details about movement of such application As above.
seeking permission by Shri V.K Bugga, from the movement register of Town Planning department.
First Appeal:
Incomplete information received from the PIO. Order of the FAA:
Not mentioned.
Ground of the Second Appeal:
Incomplete information received from the PIO Page 2 of 3 Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Sunil Kumar Mehra;
Respondent (1): Mr. Anil Gupta, Public Information Officer & Administrative Officer; Respondent (2): Mr. R. B. Sharma, JLO on behalf of Mr. S.P. Sharma, PIO & Asst. Director (Vigilance), 16 Rajpura Road, Civil Lines, Delhi; Respondent (3): Mr. Shamser Singh, PIO & Sr. Town Planner, Town Planning Department, Kashmere Gate, Delhi;
Certain information has been provided to the appellant but the following deficiencies need to be fulfilled; 1- The RDA file must be shown to the appellant by PIO(Vigilance Department). 2- In case the note sent to the LG which was rejected is in another file this should be shown. 3- The file regarding creation of the post relating to up-gradation of posts of Town Planning Department must be shown to the appellant by the PIO (Town Planning Department). 4- The PIO (CED) is directed to give the categorical information on queries 16 & 17.
The appellant alleges that First appellate Authority has not given any order in his first appeal for ID-2411. The First Appellate Authority Mr. V. K. Bugga, Chief Town Planner appears to be guilty of dereliction of duty since he does not appear to have passed any order in the matter.
The First Appellate Authority Mr. V. K. Bugga, Chief Town Planner is directed to send his explanation to the Commission before 25 October 2010, why the Commission should not recommend disciplinary action against him for dereliction of duty.
Decision:
The Appeal is allowed.
The PIO (CED) is directed to give the categorical information on queries on 16 & 17 to the appellant before 20 October 2010.
The PIO (Vigilance Department) is directed to show the file as directed above to the appellant on 08 October 2010 at 11.00AM The PIO (Town Planning Department) is directed to show the file as directed above to the appellant on 06 October 2010 at 11.00AM.
The PIOs of Vigilance and Town Planning Department will give attested photocopies of the documents which the appellant wants free of cost upto 100 pages. 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 04 October 2010 (In any correspondence on this decision, mention the complete decision number.)(GJ) CC;
To, FAA and Chief Town Planner through Mr. Shamser Singh, PIO & Sr. Town Planner Page 3 of 3