Central Information Commission
Vijay Mehta vs Delhi Wakf Board on 16 October, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No. CIC/DWAKB/A/2017/307995
Date of Hearing : 31.08.2017
Date of Decision : 03.10.2017
Appellant/Complainant : Vijay Mehta
Respondent : PIO /Delhi Wakf Board
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 30.05.2016
PIO replied on : 22.07.2016
First Appeal filed on : 19.07.2016
First Appellate Order on : 17.08.2016
2nd Appeal/complaint received on : 19.09.2016
Information soughtand background of the case:
Vide RTI application dated 30.05.2016, sought the following information:
1. How many properties were approved by Mr. Hamid Akhtar as OSD to Chairman for tenancy and sought details of such properties if any approval/assent given by Chairman/CEO/CLO
- Details of tenancy procedure adopted by DWB and current tenure of Chairman Mr, Amanulla ji
- Details of persons appointed by current board and rules/sub rules/recruitment rules of Delhi Wakf Board and roster of post available and approved by board previously.
- How many persons appointed against vacant posts and how many appointed without any vacancies on contract/adhoc/temporary as per guidelines issued by DOPT.
2. Period for which information asked for - October 2015 till 30.05.2016.
3. Copy of documents/negation form of tenancy of properties of village Hawetput Najafgarh and 5216 Masjit Channawali & 1116 Masjit Kaziwali main bazaar, Paharganj. Information about appoint of Mr. Sliem as Standing Counsel, DWB in High Court, Delhi and role of appointment of panel counsel and attachments with Chairman.
PIO vide letter dated 22.07.2016 furnished point wise information as [ available on record. Being dissatisfied, the appellant filed an appeal. The Page 1 of 3 FAA vide order dated 17.08.2016 directed the PIO to check record again and provide information as mentioned in RTI application except third party information. Feeling aggrieved over non-compliance of FAO, the appellant approached the Commission.
Relevant facts emerging during hearing:
Both the parties are present and heard. The Appellant alleges that certain appointments in the Delhi Wakf Board were unlawfully made whereas there were no sanctioned positions against which such recruitments could have been made. He states that no vacancy circular was advertised before appointments were made. Further, he alleges mismanagement of the resources as the properties of Wakf Board have been allegedly let out unlawfully. He apprises the Commission that a CBI led investigation is also going on these counts. In this factual backdrop, he states to have sought the information. Per contra, the PIO states that information has been furnished to the Appellant. He states that the appointments made buy the then Wakf Board were cancelled since the board was held to be constituted unlawfully by the Hon'ble Lieutenant Governor of Delhi. He states that the official records were seized by CBI for investigation. He states that the information sought has been furnished to the Appellant. After some deliberations, the Appellant seeks leave to refocus his queries and insists for the list of appointments made after October 2015, details of properties owned by Delhi Wakf Board, No. of properties let out by Wakf Board and the rental income derived thereof.
Decision:
After hearing parties and perusal of record, the Commission directs the PIO, Delhi Wakf Board to furnish precise information as regards the details of appointments made by Wakf Board during October 2015 - May 2016, details of properties owned by Delhi Wakf Board, No. of properties let out by Delhi Wakf Board and the rental income derived thereof. Information shall be furnished within 2 weeks of receipt of this order.
The Appeal is allowed accordingly.
(Yashovardhan Azad) Information Commissioner Page 2 of 3 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-Page 3 of 3