Central Information Commission
Virendra Kumar vs Irrigation And Flood Control ... on 27 April, 2018
CENTRAL INFORMATION COMMISSION
BABA GANGNTH MARG, MUNIRKA
New Delhi-110067
F. No.CIC/IAFCD/A/2017/194681
Date of Hearing : 25.04.2018
Date of Decision : 25.04.2018
Appellant/Complainant : Mr. Virendra Kumar
Respondent : PIO/Irrigation & Flood Control
Department (Govt. of NCT of Delhi)
2. PIO/O/o. the Chief Engineer,
Irrigation & Flood Control
Department, (Govt. of NCT of Delhi)
3. PIO/ Superintending Engineer-
(FC-III), Irrigation & Flood Control
Department(Govt. of NCT of Delhi,
Flood Circle-III, Govt. of Delhi Office
Complex
Through: Sh. Sudheer Kumar Arya-
EE
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 13.06.2016
PIO replied on : 21.06.2016
First Appeal filed on : 23.08.2016
First Appellate Order on : 27.10.2016
2nd Appeal/complaint received on : 25.12.2016
Information soughtand background of the case:
Vide RTI application date 13.06.2016, the appellant sought information regarding details of any kind of leave awaited by all (by Name) any JE(Civil), in the following manner:-
"Provide the details of any kind of leave i.e. Med. L., CL, EL, Half- day Leave etc., availed by any JE (Civil) w.e.f. 01.06.2012 to 31.05.2016 posted at Flood Circle-III, Sec-15, Rohini at the earliest under RTI Act, 2005."
Nodal Officer (RTI) vide letter dated 21.06.2016 has transferred the RTI application to SE-FC-III/PIO, I & FC Department, Govt. of NCT of Delhi under sub-section (3) of Section 6 of RTI Act, 2005 for further necessary action. Superintending Engineer/PIO, Flood Circle-III vide letter dated 22.07.2016 stated as under:-
"Requisite information cannot be supplied as per the provision of Section 8(1) (i) of the RTI Act, 2005."
Dissatisfied with information received from the CPIO, the appellant filed first appeal dated 23.08.2016. Shri V.K. Jain, FAA vide order dated 20.10.2016 stated that appellant was not present in first appeal hearing. Therefore, the appeal was rejected by default.
Feeling aggrieved as dissatisfied, the appellant approached the Commission. Relevant facts emerging during the hearing:
Appellant is absent.
Respondent is present and reiterates the background of the case. Decision:
Upon perusal of records and hearing the Respondent, the Commission finds the CPIO's decision as legally flawed since information sought is not exempt from disclosure as claimed by the PIO. Hence the order of the PIO is hereby set aside. The Commission thus directs the Superintending Engineer/PIO, Flood Circle-III to furnish complete information as sought by the appellant, viz. leave i.e. Med. L., CL, EL, Half-day Leave etc., availed by any JE (Civil) w.e.f. 01.06.2012 to 31.05.2016 posted at Flood Circle-III, Sec-15, Rohini. This information should be supplied within two weeks of receipt of this order, under intimation to the Commission.
The appeal is thus disposed of.
(Yashovardhan Azad) Information Commissioner 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