Central Information Commission
Ramlal Ladwal vs Department Of Power on 23 November, 2022
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीय सच
ू ना आयोग
Central Information Commission
बाबा गगं नाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No.:- CIC/DOPWR/A/2021/138107 -UM
Mr. Ramlal Ladwal
....अपीलकताा/Appellant
VERSUS
बनाम
CPIO,
1. The PIO
Department of Power, 8th
Level, B-Wing, Delhi
Secretariat, I.P. Estate,
New Delhi- 110002
2. The PIO
Delhi Electricity Regulatory
Commission, Viniyamak
Bhawan, Shivalik, Near
Malviya Nagar, New Delhi -110017
3. The PIO
Delhi Power Company Limited,
2nd Floor, Pre-fabricated
Building, Rajghat Power House
complex, Rajghat New Delhi -110002
....प्रद्वतवादीगण /Respondent
Date of Hearing : 17.10.2022
Date of Decision : 22.11.2022
Date of RTI application 22-05-2019
CPIO's response Not on record
Date of the First Appeal 20-06-2019
First Appellate Authority's response 05-07-2019
Date of diarized receipt of Appeal by the Commission 14-07-2021
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ORDER
FACTS The Appellant vide his RTI application sought information on following 4 points:
Appellant filed a First Appeal. Dissatisfied due to non - receipt of any response from the CPIO, the Appellant approached the FAA. vide order dated 05-07-2019, Thereafter, the Appellant filed a Second Appeal before the Commission with a request to provide the information.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: The appellant attended the hearing in person. Respondent: The respondent Shri Sanjay Kumar, PIO/Section Officer and Shri C.K. Roy, Joint Secretary, DERC attended the hearing in person.
The Appellant reiterated the contents of the RTI application and submitted that false and misleading information was provided by the CPIO. The Respondent present during the hearing submitted that a suitable response in accordance with the provisions of the RTI Act, 2005, had already been furnished to the Appellant. The respondent further Page 2 of 3 stated that the appellant is harassing the Department by filing RTI application on the same queries again and again in spite of being repeatedly replied.
INTERIM DECISION:
Keeping in view the facts of the case and the submissions made by both the parties and after perusal of the documents available on record, the Commission observes that the same appellant is coming with similar queries all the time and the CPIO is taking the same stand that all documents are provided or received by the appellant. Dealing with these types of similar matters is complete wastage of money and time of the Government. In view of the above, the Commission directs the CPIO, DERC to personally appear before the Commission with all documents, files, part files, and details pertaining to the queries of the appellant. He is directed to appear before the Commission on 02.12.2022 at 10.00 AM in CIC, Room No. 306, Baba Gang Nath Marg, New Delhi - 110067 and offer an inspection of all the above records to the appellant in the presence of CIC officials. A responsible person from DERC must also be deputed to assist the Appellant during the said inspection (in CIC). Photocopies of the documents desired by the Appellant during the inspection should be provided to him free of cost, in front of CIC Officials.
Further, the Commission directs the CPIO, DERC, to carry all the records received by him or sent to the appellant previously.
The Commission authorizes Shri Gaurav Sethi from the Commission to get the inspection done in his presence and report the outcome to the Commission.
Copy of the interim decision may be provided free of cost to the parties.
(Uday Mahurkar) (उदय माहूरकर)
(Information Commissioner) (सच ु )
ू ना आयक्त
Authenticated true copy
(अद्विप्रमाद्वणतएवंसत्याद्वपतप्रद्वत)
(R. K. Rao) (आर.के . राव)
(Dy. Registrar) (उप-पंजीयक)
011-26182598
ं / Date: 22.11.2022
द्वदनाक
GS
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