Central Information Commission
Mohan Prakash Dubey vs Public Works Department Delhi on 1 October, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/PWDDL/C/2023/125629 and
CIC/GNCTD/C/2023/128471
Mohan Prakash Dubey ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
Public Works Department O/o the
Executive Engineer, South-East (Building)
M Division, IIT Gate, Hauz Khas,
New Delhi - 110016. ....प्रनतवािीगण /Respondent
Date of Hearing : 20.09.2024
Date of Decision : 01.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 06.03.2023 and 20.04.2023
CPIO replied on : 11.04.2023
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 09.06.2023, 30.06.2023
The appellant filed the above-mentioned Second appeals against the above
CPIO, with respect to two RTI applications seeking information on the similar
issue. Therefore, both cases are clubbed together for hearing and disposal, to
avoid multiplicity of proceedings.
Page 1 of 7
CIC/PWDDL/C/2023/125629
Information sought:
The Complainant filed an RTI application dated 06.03.2023 seeking the following information:
"The following information may please be furnished for the work in respect of construction of additional rooms at the rate of one additional room per flat for all the 72 flats pertaining to General Pool Residential Accommodation Colony i.e. Delhi Govt. Officers Flats at Greater Kailash-1, New Delhi.
3 (i)(a) Certified copy of requisition received in your office from Govt. of NCT of Delhi, Public Works Department and Housing, Delhi Secretariate, New Delhi. in respect of seeking estimate.
(b) Certified copy of Administrative Approval and Expenditure Sanction received in your office from Govt. of NCT of Delhi, Public Works Department and Housing, Delhi Secretariate, New Delhi.
(c) Certified copy of Technical Sanction accorded by the Competent Authority including History Sheet, Detailed Estimate and Details of Measurement.
(d) Certified copy of Notice Inviting Tender on Form CPWD-6 for e-tendering.
(e) Certified copy of the agreement/contract signed by the Engineer-in-
Charge with the Contractor to whom the above-mentioned work has been awarded.
(f) Certified copy of the final bill paid to the contractor and the completion certificate of the said work.
(g) Certified copy of the plan/architectural drawing and design on the basis of which estimate was prepared and Technical Sanction was granted.
(h) Certified copy of the drawings submitted by your office to Municipal Corporation of Delhi for obtaining their approval and approval granted and the completion certificate issued by them.
3.(ii)(a) Apart from above, the above 72 flats are built in 6 units at the rate of 12 flats per unit (3 flats on each floor), hence certified copy of the approved Plan of one composite unit consisting of three flats at one floor in the said colony showing all dimensions required for calculating the plinth area of the unit as a whole may please be furnished.
(b) Certified copy of approved drawing showing measurements of floor area of each flat separately/independently existing in six composite unit consisting of 72 flats (12 flats per unit).
The CPIO furnished a reply to the complainant on 11.04.2023 stating as under:
Page 2 of 7आपके द्वारा मााँगी गयी सूचना इस कायाालय में उपल्बध नही है , क्योकक इस काया से सम्बन्ध्ति सभी कििरण करार के अनुसार है , जो इस कायाालय के अन्तगाि कोई करार नही हुआ है ।
यह सूचना कायापालक अकभयन्ता से किचार-किमर्ा करने के उपरान्त दी गयी है ।
The Complainant did not file any first appeal.
File No. CIC/GNCTD/C/2023/128471 Information sought:
The Complainant filed an RTI application dated 06.03.2023 seeking the following information:
3. Detail of Information Sought: The following information may please be furnished in respect of office record of South-East (Building)M Division, Public Works Department, Govt. of NCT Delhi.
3(i)(a) Certified copy of Diary Register containing all entries for the period of 06.11.2022 to 16.11.2022.
(b) Certified copy of Dispatch Register containing all entries for the period of 30.11.2022 to 02.12.2022.
(c) Certified copy of Register having record of Extra Item Statements and Deviation Item Statements sanctioned by the competent authorities pertaining to the agreements of South-East (Building) M Division, Public Works Department, Govt. of NCT Delhi for the period from 01.10.2022 to 31.03.2023.
(d) Certified copy of Register having record of Extra Item Statements and Deviation Item Statements sanctioned by the Assistant Engineer, Sub- Division-3 pertaining to the agreements of South-East (Building) M Division, Public Works Department, Govt. of NCT Delhi for the period from 01.12.2022 to 31.03.2023.
3(ii) The following information may please be furnished in respect of letter no. G-2(RTI)/डी. बी./ िनिण-पूवग (भवन)/एम/नि.स./यो०िा0/639 निनां क 11.04.2023 pertaining to the office of Executive Engineer, South-East (Building)M Division, Public Works Department, Govt. of NCT Delhi.
Page 3 of 7(a) Name, Designation and complete office address of the official to whom the responsibility for performing the official duty as CPIO/PIO has been assigned in terms of RTI Act, 2005.
(b) Name, Designation and complete office address of the First Appellate Authority to whom the first Appeal is required to be made against the order/decision passed by the CPIO/PIO of South-East (Building) M Division, Public Works Department, Govt. of NCT Delhi as provided under the RTI Act, 2005.
(c) Name of the सहायक अनभयन्ता (यो०), मंडल िनिण-पूवग (भवन) एम who has signed the above mentioned letter निनां क 11.04.2023.
(d) As written by the सहायक अनभयन्ता (यो०), मंडल िनिण-पूवग (भवन) एम that-
"यह सूचना कायगपालक अनभयन्ता से नवचार-नवमिग करने के उपरान्त िी गयी है "। Therefore, kindly furnish the document which may evidence the detailed contents of the discussion (नवचार-नवमिग) held between the Executive Engineer and Assistant Engineer (P) in the matter of furnishing the information to the Applicant. If the said discussion was oral then the transcription/description of the oral discussion held may please be scripted by the Assistant Engineer (P) which may also be duly approved by the said Executive Engineer and the same be supplied as information to the Applicant.
(e) Information may also be furnished revealing the reason for not assigning ID number to the application dated 06.03.2023 of the applicant and as well as not furnishing the information to the Applicant within the stipulated period of 30 days as provided u/s 7(1) of the RTI Act, 2005.
Reason may also be informed in respect of signing the reply of the said RTI application by the सहायक अनभयन्ता (यो०), मंडल िनिण-पूवग (भवन) एम instead of signing as CPIO/PIO. Reason may also be informed for concealing the name of the signatory of the said letter and signing the same without putting the date along with the signature. 3(iii) It is learnt that Sh. Khageswar Kalah, Executive Engineer, South-East (Building)M Division, Public Works Department, Govt. of NCT Delhi has furnished a report to the Allotment Department of PWD, Govt. of NCT Delhi that after construction of one additional room the unit area plus circulation area is 144.30 Sqm; thus it is obvious that if no contract/agreement was ever drawn by the Executive Engineer for construction of one additional room for each of the flat for all the 72 flats pertaining to General Pool Residential Accommodation Colony i.e. Delhi Govt. Officers Flats at Greater Kailash-1, New Delhi as replied by the सहायक अनभयन्ता (यो०), मंडल िनिण-पूवग (भवन) एम vide his letter no. G- 2(RTI)/डी.बी./ िनिण-पूवग (भवन) / एम/नि.स./यो० िा०/639 निनां क 11.04.2023 to Shri Mohan Prakash Dubey in response to his Application dated Page 4 of 7 06.03.2023 which was filed by him under the provisions of RTI Act, 2005 before PIO, South-East (Building) M Division, Public Works Department, Govt. of NCT Delhi then kindly inform the methodology adopted for construction of one additional room for each of the flat for all the 72 flats as mentioned above.
3(iv) Certified copies of the Order issued by the competent authority for assigning the additional charge of field duty of Assistant Engineer, Sub- Division-3 to the present Assistant Engineer (P), South-East (Building)M Division, Public Works Department, Govt. of NCT Delhi."
Having not received any received any response from the CPIO, complainant approached the Commission with the instant Complaints.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present along with Shri Rakesh Kumar in person. Respondent: Shri Rahul Kumar, PIO, appeared in person.
The Complainant inter alia submitted that his RTI application dated 06.03.2023 was replied vide letter dated 11.04.2023. However, the same was evasive and misleading. He pleaded that the PIO even did not provide the details of the FAA before whom the first appeal would be filed. As regards RTI application dated 20.04.2023, he stated that no response was given by the PIO till the date of hearing. Therefore, he requested the Commission to take stern action against the concerned PIOs as per the provisions of the RTI Act.
The respondent while defending their case inter alia submitted that they had replied the RTI application dated 06.03.2023 vide letter dated 11.04.2023.
Decision The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that reply dated 11.04.2023 given by the respondent was incomplete, evasive and misleading.Page 5 of 7
Moreover, the RTI application dated 20.04.2023 was not replied till the date of hearing and reasons for the same was not explained by the respondent.
It may not be out of place to mention that the CPIO/PIO is required to provide information to the applicant/complainant within thirty days of the receipt of a valid application. If the information sought for concerns the life or liberty of a person, the information shall be provided within forty-eight hours of the receipt of the request. If the CPIO/PIO is of the view that the information sought for cannot be supplied under the provisions of the Act, he would reject the application. However, while rejecting the application, he shall inform the applicant the reasons for such rejection and the particulars of the appellate authority. He would also inform the applicant the period within which appeal may be preferred.
The respondent failed to discharge their duties enumerated under the RTI Act and thus, prima facie obstructed the free flow of information which is primary goal of the Right to Information Act.
In view of the above, Shri Abhay Kumar Mrityunjay the then PIO and Shri Rahul Kumar, the present PIO are show caused to explain as to why maximum penalty under section 20 (1) of the RTI Act should not be imposed upon each of them for not providing the information to the complainant. The present PIO is given responsibility to serve a copy of this order as well as show cause notice to the then PIO and secure his attendance on the next date of hearing and also submit their written explanations. All the written explanations (from both the PIOs) must reach the Commission within four weeks from the date of uploading of this order on the web portal of the Commission.
The Complaints are disposed of accordingly.
Vinod Kumar Tiwari (किनोद कुमार कििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) Page 6 of 7 (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Public Works Department O/o the Executive Engineer, South-Eeast (Building) M Division, IIT Gate, Hauz Khas, New Delhi - 110016.
The FAA, Office of the Executive Engineer, South East (Building) M Division, PWD, GNCTD, IIT Gate, Hauze Khas, Delhi - 110016.
Shri Abhay Kumar Mrityunjay The then PIO, Public Works Department O/o the Executive Engineer, South-East (Building), M Division, IIT Gate, Hauz Khas, New Delhi - 110016.
Shri Rahul Kumar, present PIO Public Works Department O/o the Executive Engineer, South-East (Building) M Division, IIT Gate, Hauz Khas, New Delhi - 110016.Page 7 of 7
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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