Central Information Commission
Mrs. Shanti Devi Bansal vs Municipal Corporation Of Delhi on 2 April, 2009
CENTRAL INFORMATION COMMISSION
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Decision No. CIC /SG/A/2009/000063/2595
Appeal No. CIC/SG/A/2009/000063
Relevant Facts emerging from the Appeal:
Appellant : Mrs. Shanti Devi Bansal
29, Rama Park, Kishan Ganj,
Delhi -110007.
Respondent 1 : Mr. R.P. Aggarwal
Asst. Commissioner (CL & EC) & PIO Municipal Corporation of Delhi Factory Licesing Department Nigam Bhawan, Kashmere Gate, Delhi.
RTI application filed on : 19/08/2008 PIO replied : 10/09/2008 First appeal filed on : 15/09/2008 First Appellate Authority order : 21/10/2008 Second Appeal filed on : 09/01/2009
The appellant had asked in RTI application for copy of inquiry report. And dairy no. of the complaint made to police station. S. Information Sought. The PIO replied. No.
1. Whether the responsibility of the Yes, three officials of this department concerned officer has been fixed as have been warned to be careful in directed by additional commissioner future vide letter no. 4252/AO(FL)07 (Health & Estt.) vide its order dated dated 29/10/2007, in connection with 10.08.2007? direction addition commissioner (Health & Establishment) vide its
1.A. If yes, provide the copy of order dated 10.08.2007. inquiry "Yes" The photocopy of the officer report? order had been provided to the appellant.
1.B. If not then why?
As replied above.
2. Whether the complaint has been "No".
lodged to the concerned police station for missing of my original record of application dated 13.08.1997 (dairy no. 1257/SP) and dated 03.02.1999 (dairy no. 315) filed in your office?
2A. If yes, then supply the date and As above. dairy no. of the complaint made to police station.
2B. If no, why? As per report of Dairy Clerk of this department, documents/applications entered at serial no. 1257, pertain to some letter from Delhi Factory Owners Association and not an application of the individual for renewal of license. The application dated 03.02.1999 was marked to Sh. Sandeep Singh Factory Inspector on 04.02.1999 is not traceable. A warning has been issued to Sh.
Sandeep Singh Factory Inspector and Sh. S.C. Gupta F.I. and Sh. Dinesh Kumar record keeper of this office as informed above.
The First Appellate Authority ordered:
"Having gone through the relevant record placed in the file, appeal of the appellant, comments of the department and the averments made by the PIO and Shri K.L.Bansal. I direct PIO (FL)/AC (CL&EC) to inquire into the matter and submit a report to the undersigned with in 15 days, holding the responsibility, if any of the concerned official(s) unambiguously for further appropriate action. The reply of the questions asked by the appellant may thereafter be sent properly."
Relevant Facts emerging during Hearing:
The following were present.
Appellant : Mr. Kishen Lal Bansal on behalf of Mrs. Shantidevi Bansal Respondent : Mr. R. P. Agarwal PIO The First appellate authority has given an order which appears to go beyond asking for information. Since no proof is available of any action having been taken after the First appellate authority's order. The First appellate authority is directed to ensure the compliance of his order.
Decision:
The appeal is allowed.
The First appellate authority Mr. Rajesh Prakash will ensure a compliance of his order before 25 April 2009.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 2nd April,2009 (In any correspondence on this decision, mentioned the complete decision number.)