Central Information Commission
Dhruv Kumra vs Transport Department Delhi on 11 June, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/TDDEL/A/2017/178451
Shri Dhruv Kumra ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/Delhi Transport Corporation ...प्रनतवादीगण /Respondents
RTI Branch, 5/9 Under Hill Road,Delhi
PIO/Chief Manager-VI, Transport
Dept., Vehicle Inspection Unit, Burari, Delhi
Through: None
Date of Hearing : 10.06.2019
Date of Decision : 11.06.2019
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 09.06.2017
PIO replied on : 03.07.2017
First Appeal filed on : 20.07.2017
First Appellate Order on : 18.08.2017
2ndAppeal/complaint received on : 21.11.2017
Information soughtand background of the case:
The Appellant filed an RTI application dated 09.06.2017, seeking information on four points:
1. Kindly provide me with the copy and the status of the complaint which was received in the Transport department Head-quarters against the Transport Officials which were sent to the CMVI/MLO, Vehicle Fitness Unit, Burari, for further action. These complaints were entered in the Central Diary Register, maintained at the Head-quarter, Rajpur Road vide diary Nos 2778 R&I dated 5/3/2011 & later on Transmission to CMVI/MLO VIU Burari.
2. Kindly provide me with the copy and the status of the complaint which was received in the Transport department Head-quarters against the Transport Officials which' were sent. to the CMVI/MLO, Vehicle, fitness Unit , Burari, for further action. These Complaints were entered in the Central Diary Register, maintained at the Head-quarter, Rajpur Road vide diary, No 4537 R&I dated 7/4/2011 & later on Transmission to CMVI/MLO VIU Burari.
3. Kindly provide me with the copy and the status of the complaint which was received in the Transport department Head-quarters against the Transport Page 1 of 2 Officials which were sent to the CMVI/MLO, Vehicle Fitness Unit,Burari, for further action. These complaints were entered in the Central Diary' Register, maintained at the Head-quarter, Rajpur Road vide diary No 4911 R&I dated 11/4/2011 & later on Transmission to CMVI/MLO V1U Burari.
4. Kindly provide me with the copy the status of the complaint which was received in the Transport department Head-quarters against the Transport Officials which were sent to the CMVI/MLO, Vehicle Fitness Unit, Burari, for further action. These complaints were entered in the Central Diary Register, maintained at the Head-quarter, Rajpur. Road vide diary No 6059 R&I dated 10/5/2011 & later on Transmission to CMVI/MLO VIU Burari.
PIO/CMVI, VIU Burari, replied vide letter dated 03.07.2017 stating that the said information is not available with the PIO at present. Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 20.07.2017. FAA vide order dated 18.08.2017 directed that the complete reply may be provided by the MLO (VIU)/CPIO Burari to the appellant within 15 days.
Feeling aggrieved over non-compliance of the FAA, appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant alone is present for hearing, while the respondent has not appeared. Records of the case reveal that neither there is any submission from the respondent nor has anyone appeared to clarify reasons for non-compliance of the FAA's order.
Decision:
In the given circumstances, the Commission is of the considered opinion that it will be expedient to remand the matter to the FAA to ensure compliance of the earlier order dated 18.08.2017.
Considering non-compliance of the FAA's directions and absence of the PIO during hearing, the Commission directs the FAA to seek explanation from the errant PIO for causing obstruction in the dissemination of information, acting in contravention of the FAA's specific order and for violation of the provisions of the RTI Act.
The office of the FAA shall submit a compliance report with respect to both the above mentioned directions by 05.07.2019, failing which appropriate action shall be initiated as per law.
The appeal is disposed off accordingly.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/011-26180514 Page 2 of 2