Central Information Commission
Mr. Sanjay Maurya vs Mcd, Gnct Delhi on 16 May, 2012
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Decision No. CIC/SG/A/2012/000872/18944
Appeal No. CIC/SG/A/2012/000872
Relevant Facts emerging from the Appeal
Appellant : Mr. Sanjay Maurya
9817/8, Multani Dhanda, Paharganj,
New Delhi-110055
Respondent : Mr. Dr. M. K. Pal
PIO & Additional MHO Municipal Corporation of Delhi 19th Floor, Dr. SPM Civic Centre, Minto Road, Delhi-110002 RTI application filed on : 05/12/2011 PIO replied : 17/02/2012 First appeal filed on : 09/02/2012 First Appellate Authority order : No order mentioned.
Second Appeal received on : 16/03/2012
Sl. Information Sought Reply of the PIO
1. Provide complete details of the renewal of various The cremation ground is given to any
cremation grounds led by the NGO in various zones and NGO under MoU with MCD for 1 year
renewal done by the Headquarters? Also provide details as for adoption and the tenure is for 3 years to when was the renewal file of which cremation ground once the report from the Zone DH is was received by the Headquarters, when was the renewal received and the renewal is for 3 years. done by the Headquarters, did the NGO fulfill all the Those NGOs which have not been issued conditions before the renewal took place and which renewal for cremation ground are:
cremation ground has yet not been renewed? 1) Arya Samaj (Nigam Bodh Ghat)
2) Arya Samaj SRT Nagar
3) Aggarwal Sabha, Paschim Puri
2. The NGOs which are working and handling cremation This is related with DHO and has been grounds without security money and without fulfilling the transferred to DHO vide letter dated requisite conditions, they have been issued show cause 19/12/2011 notice by the departments and the zones yet the NGOs have not replied to these notices? Should these NGOs handling such cremation grounds continue to handle them or should some action be taken against them as per the DMC Act? If yes, then under what section action should be taken against them?
3. If any NGO sells any wood at a price above the normal This is related with DHO and has been price without prior permission at the cremation ground, transferred to DHO vide letter dated then does it come under category of crime? If yes, then 19/12/2011 under what section of the DMC Act, action be taken and against which officials?
4. What action shall be taken against those officials under This is related with DHO and has been Page 1 of 2 DMC Act, who despite of knowing about the irregularities transferred to DHO vide letter dated so mentioned do not take any action against it? 19/12/2011 Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
No order passed by the FAA.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO and no order passed by the FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Sanjay Maurya on telephone through mobile no. 9013910100; Respondent: Mr. Dr. M. K. Pal, PIO & Additional MHO;
The PIO states that the RTI application was transferred to the DHOs on 19/12/2011 and he sought the assistance of APIO Dr. Gurcharan Singh, OICG under Section 5(4) on 15/12/2011. The Appellant states that he has been given information only about three cremation grounds whereas there are 12 cremation grounds in Delhi.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information on all the cremation grounds in MCD to the appellant before 10 June 2012.
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 16 May 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 2 of 2