Central Information Commission
Anita Kaushik vs North Delhi Municipal Corporation ... on 7 June, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal Nos. CIC/NDMCL/A/2017/159805
CIC/NDMCP/A/2018/159315
Smt. Anita Kaushik ... अपीलकताग/Appellant
VERSUS/ बनाम
PIO, Executive Engineer(M-II),NDMC, Civil Lines, ...प्रनतवादीगण /Respondents
Kashmiri Gate, Delhi-110006
PIO, Executive Engineer (M-II), NDMC,
City ZP Zone, JLN Marg, Delhi
Through: Sh. Rajesh Kumar Sharma - EE, M-II
and Sh. R A Goel - AE, M-II
Date of Hearing : 20.05.2019
Date of Decision : 03.06.2019
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. RTI Filed on CPIO reply First appeal FAO
159805 12.05.2017 10.06.2017 10.07.2017 02.08.2017
159315 12.04.2018 28.06.2018 20.05.2018 14.06.2018
Information soughtand background of the case:
CIC/NDMCL/A/2017/159805 The Appellant filed an RTI application dated 12.05.2017, stating as follows:
"....allocation of Budget under the head of A/c 84/1083. As the Budget of Rs. 4.99 Lacs sanctioned under the head of account 84/1083 for urgent nature of work under the jurisdiction of Division M-II, Civil Lines Zone on priority basis for renovation of Mpl. Qtr. No. D/2-6, 10 Rajpur Road in C-78/CLZ..."Page 1 of 3
She also sought to know reason for delay in renovation work in her quarter, complaining about leakages from the roof and seepage from the walls.
PIO/EE(M-II)/CLZ/P, vide letter dated 10.06.2017 enclosed the information received from NDMC, Kashmiri Gate, Delhi stating that no question has been asked by the appellant.
Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 10.07.2017. FAA vide order dated 02.08.2017 directed the PIO/EE(M- II)/CLZ to send the complete and correct reply to the appellant as discussed during the hearing within a week after receiving this letter. Feeling aggrieved over the non-compliance of the FAO, appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present for hearing. Appellant expresses her discontent over non furnishing of information and over inaction regarding the repair work of her premises.
Respondent explained that the actual grievance of the appellant was related to the repairs to be carried out in her quarters, which has been delayed on account of technical glitches. In so far as information in terms of the FAA's orders are concerned, the same could not be provided earlier because after trifurcation of zones of MCD records had to be transferred and during the relevant period, no documents could be traced. The records are available now and the respondent volunteers to provide complete information.
Decision:
Upon perusal of records and hearing the parties, the position so emerges that the grievance of the appellant on account of delay in repair of her premises has given rise to the instant case at hand. The redressal of the grievance can be addressed by the respondent by taking necessary action with respect to the repair of the premises. Accordingly, the PIO, City S P Zone, is directed to respond appropriately to the appellant, within two weeks of receipt of this order, under intimation to the Commission.
CIC/NDMCP/A/2018/159315 The Appellant filed an RTI application dated 12.04.2018 seeking information as about Appl. No. SE/CSPZ/2018/D-578 dated 22.02.2018 about incomplete and non-execution of work. She further sought to know about Appl. No. 312/GA dated 22.12.2017 which was sent to DC/CLZ on 28.12.2017, and further forwarded to CSPZ Doc. No. 12575/DC/CSPZ from where it moved to SE/CSPZ on 12.01.2018. The appellant desired to know the action taken regarding the complaint.
PIO/JE(W)/C-SPZ, vide letter dated 28.06.2018 stated as follows ".... the work mentioned in the letter was executed by Civil Line Zone. Hence no action taken by this division."Page 2 of 3
Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 20.05.2018. FAA vide order dated 14.06.2018 directed the PIO/EE(M)- II/City SP Zone to provide a specific and complete reply to the RTI application as per record to the appellant within 10 days positively. Feeling aggrieved over the non-compliance of the FAO, appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present for hearing. Appellant expresses her discontent over non furnishing of information and over inaction regarding the repair work of her premises.
Respondent explained that the actual grievance of the appellant was related to the repairs to be carried out in her quarters, which has been delayed on account of technical glitches. The contract for repairs had been outsourced to a third party contractor and had met some hurdles because of some commercial/contractual issues. The non-compliance of FAA's order was explained similarly like in the other case, stating that records were not available at the relevant point of time because of trifurcation of the zones. However, the respondent present during hearing assured that they will take all necessary steps to resolve the pending repairs at the appellant's premises.
Decision:
Upon perusal of records and hearing the parties, it is evident that the instant case alongwith the connected appeal arose on account of grievance of the appellant. The RTI Act has a specific and special jurisdiction of dissemination of information but its scope cannot be extended for grievance redressal. Hence, it is deemed appropriate that the instant case be remanded to FAA/Superintending Engineer, City S P Zone - Sh. Anil Dalal, for taking appropriate action to: i) address the repair related grievance of the appellant and ii) to ensure compliance of the FAA's earlier order dated 14.06.2018. The Commission directs that complete outcome of the proceeding before FAA shall be submitted by the respondent before the Commission within four weeks from the receipt of this order.
The appeals are disposed off with the above directions.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514 Page 3 of 3