Central Information Commission
Rajendra Kumar Sharma vs North Delhi Municipal Corporation City ... on 31 May, 2020
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/NDMCH/A/2018/150430
CIC/DVAAC/A/2018/150432
CIC/NDMCC/A/2018/152745
Shri Rajendra Kumar Sharma, ... /Appellant
अपीलकता
VERSUS/बनाम
PIO/E.E. (Bldg.), ... ितवादीगण /Respondent
North Delhi Municipal Corporation,
Kashmere Gate, Delhi - 110006
Nodal PIO/Dy. Director/Local Bodies,
Directorate of Local Bodies, I.P. Estate,
New Delhi - 110002
Nodal PIO/Dy. Director,
Directorate of Urban Development,
Delhi Secretariat, New Delhi - 110002
PIO/Asst. Commissioner of Police,
Anti Corruption Branch,
Upper Bela Road, Delhi - 110054
PIO/Assistant Director of Vigilance-HQ,
North Delhi Municipal Corporation,
Civic Centre, Minto Road, New Delhi - 110002
PIO/Assistant Director-Legal/Vigilance-HQ,
North Delhi Municipal Corporation,
Civic Centre, Minto Road, New Delhi - 110002
Date of Hearing : 27.05.2020
Date of Decision : 31.05.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Case RTI Filed CPIO First FAO's Second
Nos. on reply's Appeals Appeals
dated
150430 19.07.2017 10.08.2017 30.08.2017 23.11.2017 13.08.2018
150432 21.07.2017 25.07.2017 03.11.2017 17.11.2017 13.08.2018
152745 24.07.2017 06.10.2017 29.12.2017 02.11.2017 27.08.2018
CIC/NDMCH/A/2018/150430
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.07.2017 seeking action taken report on diary no. 4883 dated 14.06.2017.
The PIO/AE/Vig./NDMC vide his letter dated 10.08.2017 denied information under Section 8(1)(h) of the RTI Act.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 30.08.2017 whereupon the FAA vide his order dated 23.11.2017 observed that the information has been furnished and upheld the reply of PIO.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission in the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from PIO/Vig./NDMC vide letter dated 12.03.2020 in case no. CIC/NDMCH/A/2018/150430 wherein he has stated as under:
"In this instant matter, the department received a RTI application dated 19.07.2017 from Shri Rajender Sharma. It was registered under ID No.3053 dated 26.07.2017.
The department intimated to the applicant vide letter No. PIO (Vig.)/AE/3053/NDMC/2017/2497 dated 10.08.2017 that the complaint dated 14.06.2017 is under investigation and under the provisions of RTI Act, 2005 section 8(1)h, no information can be provided at this stage'. The applicant filed first appeal before the 1st Appellate authority on 15.11.2017 and matter was disposed off, as settled, acknowledging the reply given by the department apposite.
In this regard, it is informed that a joint inspection of property bearing No.1153, Kucha Mahajani, Chandni Chowk was carried out on 23.08.2017 and on the basis of the report, the Competent Authority referred the Complaint of the applicant to Dy. Commissioner/City Zone vide letter ADOVVig./AK/NDMC/2017/2965 dated 20.09.2017 for taking appropriate action as per DMC Act against the said property and directing therein that if any irregularity is fond on the part of MCD Officials, the same may be reported to Vigilance Department for taking action against erring officials. In follow up, the department also issued letter dated 28.02.2018 to Dy. Commissioner/City-S.P. Zone. The department received no communication from Dy. Commissioner/City-S.P. Zone.
Now, the matter is listed before your good self for hearing on 25.03.2020 at 01.20 P.M. Since, the then PIO/Vigilance Department, NDMC has replied to the applicant, the aforesaid submission may kindly be considered before passing orders please".
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone number and stated that he is not satisfied with the denial of information under Section 8(1)(h) of the RTI Act.
Respondent is represented by Shri Jasvinder, APIO through audio conference. He submitted that at the time of RTI Application, the complaint filed by the Appellant on 14.06.2017 was under investigation, hence the information was denied under Section 8(1)(h) of the RTI Act.
In view of the above, Commission observes upon perusal of the written submission that after a joint inspection of the property was carried out on 23.08.2017, the competent authority referred the complaint of the Appellant to Dy. Commissioner/City Zone on 20.09.2017 for taking appropriate action as per DMC Act. It is understood that now the investigation in response to the Appellant's complaint has been completed, hence, PIO is hereby directed to provide an action taken report to the Appellant and a compliance report shall be sent to the Commission within 3 weeks from the date of lifting of the lockdown.
CIC/DVAAC/A/2018/150432 Information sought and background of the case:
The Appellant filed an RTI application dated 21.07.2017 seeking information pertaining to his letter vide diary no. 5173 dated 05.06.2017. The requisite information is as under:-
1. Action taken on the aforesaid letter.
2. Whether department will investigate itself on aforesaid case or it will be under the supervision of any other Department. And etc. The ACP/PIO, Anti Corruption Branch, informed the Appellant that his aforesaid Complaint had been transferred to PIO/CVO/MCD/North, Civic Center, Minto Road, Delhi vide letter dated 18.07.2017. Further, the instant RTI Application has also been transferred to PIO/CVO/MCD/North, Civic Center, Minto Road, Delhi.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 03.11.2017 whereupon the FAA vide his order dated 17.11.2017 observed that the information has been furnished and upheld the reply of PIO.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission in the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from PIO/Vig./NDMC vide letter dated 12.03.2020 in case no. CIC/DVAAC/A/2018/150432 wherein he has stated as under:
"In this instant matter, the department received a transferred RTI application of Shri Rajender Kr. Sharma from PIO/Anti Corruption Branch, GNCTD vide letter No.4429/ID-180/17/RTI/ACB dated 25.07.2017. It was registed under ID No.3118 dated 11.08.2017.
The department intimated to the applicant vide letter No. PIO (Vig.)/ADOV/3118/NDMC/2017/2862 dated 08.09.2017 that the complaint dated 05.06.2017 is under investigation and under the provisions of RTI Act, 2005 section 8(1)h, no information can be provided at this stage'. The applicant filed first appeal (No.331) before the 1st Appellate Authority on 18.12.2017. He appeared before 1st Appellate authority on 19.02.2018. The then PIO informed to the then 1st Appellate Authority that the matter was examined and after perusal of report, CVO vide order dated 13.09.2017 has directed that the complaint may be forwarded to DC/City SP Zone vide letter No. ADOV/Vig./AK/NDMC/2017/2965 dated 20.09.2017.
The 1st Appellate Authority vide order No.PIO/ADOV/Vig./2018/790 dated 01.03.2018 directed to PIO to issue reminder and provide both copies of letters to the applicant which was complied vide letter No. PIO(Vig.)/ADOV/Vig./3118/NDMC/2018/891 dated 12.03.2018.
Now, the matter is listed before your good self for hearing on 25.03.2020 at 01.20 P.M. Since, the then PIO/Vigilance Department, NDMC had replied to the applicant and orders of 1st Appellate Authority dated 01.03.2018 has been complied, the aforesaid submissions may kindly be considered before passing orders please'.
A written submission has been received from PIO-cum-Asst. Commissioner of Police, Anti Corruption Branch, Delhi vide letter dated 13.03.2020 in case no. CIC/DVAAC/A/2018/150432 wherein he has stated as under:
"Brief facts of the case:-
Sh. Rajender Kumar Sharma, R/o. 45-E, Pocket-4, Phase-I, Mayur Vihar, Delhi-110091 had submitted a RTI application received in this office on 02/07/2017 for seeking information under the RTI Act, 2005. As such, the requisite reply of RTI application was sent to the appellant vide this office letter No. 4428-29/ID-180/17/RTI/ACB dated 24.07.2017 by post within the stipulated period as specified period as specified under RTI Act, 2005.
Aggrieved with the above reply, Sh. Rajender Kumar Sharma (appellant) filed an appeal dated 03.11.2017 to the Ist Appellate Authority ACB Delhi. The appeal was considered by the Ist Appellate Authority and disposed off vide order No. F.1/1stAA/32/2017/SO/ACB/2337-38 dated 17.11.2017.
Not satisfied with the information provided to him, Sh. Rajender Kumar had filed this Ist appeal before the Hon'ble Central Information Commission.
In this regard it is further submitted that the subject matter of the complaint made by the applicant does not pertain to this branch. Hence, the complaint as well as the RTI application has been transferred to CVO, MCD, North Civic Center, Minto Road, Delhi and information in this regard has also been given to the applicant in due time as per the references mentioned above."
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone number and stated that he is not satisfied with the denial of information under Section 8(1)(h) of the RTI Act.
Respondent is represented by Shri Jasvinder, APIO through audio conference. He submitted that at the time of RTI Application, the complaint filed by the Appellant on 05.06.2017 was under investigation, hence the information was denied under Section 8(1)(h) of the RTI Act.
Commission observes upon perusal of written submission that Shri A.K. Kaushal, Director of Vigilance/NDMC and First Appellate Authority has passed an order on 01.03.2018 wherein he had stated that the CVO vide order dated 13.09.2017 had directed that the complaint of the Appellant may be forwarded to DC/City SP Zone for taking appropriate action, which was forwarded on 20.09.2017 and further directed the then PIO to issue reminder and provide copies of the letter to the Appellant. Moreover, it is further observed that the order of the First Appellate Authority has been complied with by the then PIO vide his letter dated 12.03.2018.
In view of the foregoing, Commission finds no further scope of intervention in the instant matter.
CIC/NDMCC/A/2018/152745 Information sought and background of the case:
The Appellant filed an RTI application dated 24.07.2017 seeking information pertaining to a letter no. PMOPG/D/2017/0285009 dated 15.06.2017 addressed to the O/o. PMO, Delhi. The requisite information is as under:-
1. Whether department will investigate itself on aforesaid case or it will be under the supervision of any other Department.
2. Provide action taken on aforesaid letter.
The PIO/E.E. (B), City SP Zone, furnished available information to the Appellant vide letter dated 06.10.2017.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 29.12.2017 whereupon the FAA vide his order dated 02.11.2017 observed that the information has been furnished and the FAA vide order dated 02.11.2017 observes as follows "The matter pertains to North DMC for further necessary action and Dy. Director (LB) has already given the reply to the appellant. The appellant states that he received the same"
Feeling aggrieved and dissatisfied, the Appellant approached the Commission in the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Dy. Director, LB-III vide letter dated 12.03.2020 in case no. CIC/NDMCC/A/2018/152745 wherein he has stated as under:
"... it is submitted that the office record reveals that the RTI application dated 24/07/2017 of Sh. Rajendra Sharma had been received in this office through Sh. Ravinder Singh Parmar, Nodal Officer (RTI), Deptt. Of Urban Development Govt. of NCT of Delhi, 9th Level, C-Wing, Delhi Secretariat, Delhi vide letter no. F.1(1)/IDNO-489/2017/RTI/UD/508 dated 27/7/2017.
The said RTI application of Sh. Rajendra Sharma was replied to by the then PIO(LB) intimating that his letter which was receive vide Dy. No. GAD/2017/37855 dated 27-06-2017 had been forwarded to the Commissioner, North DMC and thereafter, his RTI application was transferred to PIO(HQ), North DMC, Delhi vide letter No. F.No. DD/LB/RTI/1908/5852-53 dt. 18/08/2017 by the then PIO/DY. DIR(LB) for providing the information directly to the applicant.
Thereafter, an appeal was filed by the applicant before FAA. The FAA disposed off the appeal vide Order No. PA/SS(UD)/RTI/2017/86 dated 02.11.2017 mentioning that "The matter pertains to North DMC for further necessary action and Dy. Director(LB) has already given the reply to the applicant. The applicant states that he received the same. Appeal is disposed off accordingly".
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone number and stated that he is not satisfied with the reply provided by the PIO.
Respondent is represented by Shri Nutan Gupta, AE, City Zone through audio conference. He submitted that appropriate reply was provided to the Appellant in response to the instant RTI Application.
Decision Commission has perused the facts on record and on the basis of the submissions of both the parties during the hearing, Commission directs the PIO to facilitate inspection of records as sought in the present RTI Application and provide certified copies of the documents to the Appellant upon payment of requisite fees, within 3 weeks from the date of lifting of the lockdown. A copy of the compliance report shall be sent to the Commission within 10 days from the date of inspection by the Appellant.
With the aforesaid directions, the aforementioned three Second Appeals are disposed off.
वाई. के . िस हा) वाई.
Y. K. Sinha(वाई िस हा
Information Commissioner((सूचना आयु )
Authenticated true copy
(अिभ मािणतस यािपत ित)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)/ 011-26180514