Central Information Commission
Mr. Sant Kumar Shukla vs Govt. Of Nct Of Delhi, Department Of ... on 11 December, 2009
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Decision No. CIC/SG/A/2009/002607/5848
Appeal No. CIC/SG/A/2009/002607
Relevant Facts emerging from the Appeal:
Appellant : Mr. Sant Kumar Shukla
R/o RZ-202, Gali no. 3,
Karna Vihar Part-I, (Kirari Extn.),
Kirari, Delhi - 110086
Respondent : Mr. S.M. Ali
Public Information Officer & Dy. Secretary Govt. of NCT of Delhi Department of Power, 8th Level, B-Wing, Delhi Secretariat, I.P.Estate, New Delhi - 110002 RTI application filed on : 01/07/2009 PIO replied : 01/07/20009 & 17/07/2009 First appeal filed on : 25/07/2009 First Appellate Authority order : 19/08/2009 Second Appeal received on : 14/10/2009 Date of Notice of Hearing : 29/10/2009 Hearing Held on : 11/12/2009 Information Sought:
The Appellant had sought information regarding amount spent on installing street lights, under which head it was spent, number of street lights, polls, installed and would be installed, how much would now be spent, under which head this amount will come etc. at Kirari Extention Part- I, Kiradi, Delhi.
PIO's Reply:
Dated 01/07/2009 & Dated 17/07/2009:
The PIO informed the appellant that street lighting works carried out by the road owning agencies and the funds provided by U.D. Department form MLA funds. UD Departments monitors MLA Funds and issues directions time to time for utilization of MLA Funds.
First Appeal:
No information received by the PIO.
Order of the FAA:
"It is the U.D. Department, GNCTD who administers and disburse the fund under MLALADS. The U.D. Department has been issuing guidelines from time to time on utilization of MLALADS. Therefore, this department has no role in MLALAD norms. As far as Discoms are concerned, on an appeal filed by Distribution Companies, the Honble Court of Delhi vide its order dated 23.01.2007 stayed the operation of RTI for Discoms. Thus the applicator could not be transferred to BSES Rajdhani Power Limited as per the provisions of Section 6(3) of the RTI Act, 2005."
Ground of the Second Appeal:
No information received by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Sant Kumar Shukla;
Respondent : Mr. Vikas Pandey Superintendent on behalf of Mr. S.M. Ali, PIO & Dy. Secretary;
The Appellant has sought information about whether there any plans to install street lights in his area and allocated budget for it. The appellant had filed this application with the PIO and the Chief Minister and this application has been forwarded to the Department of Power. The PIO of Department of Power says that the street lights are provided by the road owning agencies which in this case happens to be MCD. The PIO is directed to transfer the RTI application to MCD alongwith the copy of this order. The PIO of MCD ward-35 will provide the information to the Appellant within 30 days of the receipt of this application.
Decision:
The Appeal is allowed.
The PIO of MCD will provide the information to the Appellant within 30 days of receipt of the application from Department of Power. The PIO of Power Department will transfer the RTI application to MCD before 15 December 2009.
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 11 December 2009 (In any correspondence on this decision, mention the complete decision number.)(RM)