Central Information Commission
Mr. Shiv Kumar Bhandari vs Municipal Corporation Of Delhi on 9 July, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/001332/4045
Appeal No. CIC/SG/A/2009/001332
Relevant Facts emerging from the Appeal:
Appellant : Mr. Shiv Kumar Bhandari
C-8/133, Sec-8, Rohini,
Delhi-110085.
Respondent : Public Information Officer &
Asstt. Commissioner (West Zone) Municipal Corporation of Delhi Office of the Asstt. Commissioner (West Zone) Rajouri Garden, New Delhi RTI application filed on : 17/11/2008 PIO replied : 22/01/2009 First appeal filed on : 28/01/2009 First Appellate Authority order : 03/03/2009 Second Appeal received on : 25/05/2009 The Appellant had sought following information regarding removal of unauthorized, illegal and unapproved construction on his Plot No. 73, Khasra No. 388-391 in the Vill. Nawada Mazra Hastal Delhi:-
Sr. Information sought PIO's reply
1. Daily progress made on Appellant's Appellant's application regarding the
application so far, i.e. when did his dispute of property bearing Kh. No. 388-
application reach which officer, for how 391 in the village Nawada Mazra Hastsal, long did it stay with that officer and Delhi received on 03.03.08 in the office what did he/she do during that period? of Building Department, West Zone and was marked to Sh.D.R.Singh AE(B)WZ on 03.03.08 by EE(B)WZ and the said application was further marked to Shri R.D.Chaudhary, the then, JE(B)WZ on 07.03.08.
2. The names and designations of the The officers mention at Sr.No.1 were officials who were supposed to take required to take action. action on Appellant's application and who have not done so?
3. What action would be taken against Does not come under the purview of RTI these officials for not doing their work Act. and for causing harassment to the public? By when would that action be taken?
4. By when would Appellant's work be -As above-
done?
5. A list of all applications/returns Any application/written petitions/grievances received, after petition/grievances etc. received in the Appellant's office is entered in the dairy register and application/return/petition/grievance was the same is marked to concerned AE/JE received. The list should contain the for taking necessary action. The disposal following information:- of application written petition/grievances • Name of is done according to need to each case applicant/taxpayer/petitioner/agg and are placed in the relevant files. rieved persons • Receipt no.
• Date of application/return/petition/grieva nce.
• Date of disposal.
6. Copy or print out of these portions of Such record is not available.
records, which contains details of receipt of the above applications/returns/petitions/grievances.
7. Reasons for out of turn disposal of the Action is taken on the merit of each case.
applications/returns/petitions/grievances, if any, which were received after the Appellant.
8. By when would vigilance enquiries be The Building Department, West Zone initiated in the said matter of out of turn does not know if any such inquiry is disposal of being conducted.
applications/returns/petitions/grievances, if any?
9. An early action is requested. Request can be made separately.
Grounds for First Appeal:
Unsatisfactory and incomplete reply received from PIO.
Order of the First Appellate Authority:
"There is no further response other than given by the PIO concerned i.e.SE-II/WZ as it is not in the purview of the MCD."
Grounds for Second Appeal Non-receipt of information about action taken report from the PIO.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Shiv Kumar Bhandari Respondent: Absent The PIO has given the information to the appellant. It appears that the appellant actually wanted some other information but he has not framed his RTI queries in that manner. Decision:
The appeal is dismissed.
The information has been provided.
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 cost as per Section 7(6) of RTI Ac.
Shailesh Gandhi Information Commissioner 9 July 2009 (In any correspondence on this decision, mentioned the complete decision number.) (AK)