Central Information Commission
Mr. Rishi Jindal vs Transport Department, Govt. Of Nct Of ... on 27 October, 2009
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/002103/5227
Appeal No. CIC/SG/A/2009/002103
Relevant Facts emerging from the Appeal:
Appellant : Mr. Rishi Jindal
H - 17/252, Sector - 7,
Rohini, Delhi - 110085.
Respondent : Mr. P. S. Batra
Public Information Officer & Sr. Dy. Commissioner (Enf.) Govt. of NCT of Delhi Transport Department, Enforcement Branch, 5/9, Under Hill Road, Delhi - 110054.
RTI application filed on : 02/06/2009 PIO replied : 30/06/2009 First appeal filed on : 16/07/2009 First Appellate Authority order : 26/08/2009 Second Appeal received on : 28/08/2009
The Appellant has sought following information regarding his application dated 23/03/2009 that was related to speeding vehicles and noise and pollution created by them.
S. No. Information Sought Reply of the PIO
1. Daily progress made on the said The carbon copy of the Appellant's compliant was complaint. received on 24/03/2009 through speed post and same day it was marked to EO STF. Further another legible copy received through Sr. D. C. (PDC) on 06/04/2009 in the enforcement branch and the details of action taken relating to enforcement wing had been given under point no. 16.
2. Name and designation of the officials The compliant was marked on same day i.e. 06/04/2008, with who the said complaints was lying to EO STF. Mr. I. P. Singh who initiated action during several period with details of immediately thereafter. (Details had been given). period and action taken by those officers.
3. Proof of receipt and dispatch of Might be seen with EO STF, enforcement branch.
complaints in the office of each official.
4. Time period for resolving an complaint There was no rule or citizen charter or any other order according to the Citizen's Charter with on in how many days such a matter is dealt with or copy of rules. resolved. The period depends upon subject, nature and content of the complaint, however it is ensured that the matter is dealt with, at the earliest and in this case the matter was dealt on the same day.
5. Whether any of the officers was guilty Action was initiated on receipt of complaint. The of defying time limit in regard of official was not guilty of any misconduct. resolving the above said compliant.
6. Whether the officers handling the said It did not constitute information under RTI Act.
compliant could be made liable for causing mental harassment to the public.
7. Details of action that could be taken As given in reply of para 5 & 6.
against the errant officers and the time by when action would be taken.
8. Copy of details of laws, rules, The legal position was given in government and court orders which MVAct1988/CMVR1989/DMVR 1993. Various were violated by such vehicles. violation/offence were covered under specific sections of the Act and Rules. Specific information could be provided for specific violation when asked to.
9. Name and designation and contact EO STF Mr. I. P. Singh. Telephone no. 23930763 details of the officials who had the duty regarding enforcement action, Delhi Traffic Police to take action against these violations. regarding traffic regulation, Pollution Control Division regarding air and noise pollution.
10. Whether the officials were guilty of It did not constitute information under RTI Act.
violating of Section 217 of IPC and Section 13 (1) (d) of Prevention of Corruption Act for not taking action as per law and as required by them.
11. The time when the case of errant officer It did not constitute information under RTI Act.
will be referred to the Vigilance Department.
12. List of information regarding pollution Not given.
standards and smoky density for different vehicles.
13. Details of proposed action which was to It did not constitute information under RTI Act.
be taken against the staff of traffic police in regard of contempt of Delhi High Court's order.
14. Request to inspect following works Section 2 (j)(i) contains definition part only.
a) Air and noise pollution a) Related to Pollution Control Division of checking of different vehicle in Transport Department. The checking of air and the Appellant's area. noise pollution not related to enforcement
b) Checking of over loaded branch. The concerned branch might reply. commercial vehicles. b) It did not constitute information under RTI Act.
c) Campaign/Challan against rash However any specific documents/files could be and negligent driving. inspected for which the Appellant was requested to inform at least 3 days in advance.
c) Related to Delhi Traffic Police.
15. Request to inspect to records related to Any working day in STF branch regarding (b) between works described in query no. 14. 3 to 4 pm but the Appellant was requested to inform atleast 3 days in advance about any specific documents which he wanted to inspect so that the inspection could be arranged
16. Details of information including Date of Details had been given. Enclosed.
Challan, Regn. No. of Vehicle, Owner of the vehicle, Amount of challan, Place/time of challan, Reason of challan and Desg/Name of officer who made challan.
17. Time limit when the Appellant's request It did not constitute information under RTI Act.
will be resolved.
18. Copy of the rule brought by the Govt. in Pertained to Traffic Police. For procuring copy of rule if which it had fixed the noise standards any the Appellant was requested to contact concerned for residential area and silence zone as department. per time and circle.
Order of the FAA:
"SPIO Sr. Dy. Commissioner (Enforcement) Stated regarding information supplied for 8.4.09 to 25.4.09 that action had been taken from 8.4.09 to 25.4.09 even though information was sought for the period from 23.3.09 to 15.6.09.
As regard reply to query 14, the appellant is directed to contact the SPIO on any working day and SPIO shall facilitate provision of informant as per provision of the RTI Act, 2005 within 10 days of contacting the SPIO."
Ground of the Second Appeal:
Non-receipt of complete information from the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Rishi Jindal Respondent : Mr. P. S. Batra, Public Information Officer & Sr. Dy. Commissioner (Enf.); The information has been provided to the Appellant by the Delhi Traffic Police, Enforcement Department and Department of Pollution Control Department of Transport Department.
Decision:
The Appeal is disposed.
Information has been provided.
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 27 October 2009 (In any correspondence on this decision, mention the complete decision number.)(GJ)