Central Information Commission
Ved Singh vs Revenue Department on 23 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/REVDP/A/2023/630537
Ved Singh .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
(SDM-III) HQ, REVENUE DEPARTMENT,
5 SHAM NATH MARG, DELHI 110054. ....प्रनर्वािीगण /Respondent
Date of Hearing : 18.09.2024
Date of Decision : 20.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 16.09.2022
CPIO replied on : 01.01.2023
First appeal filed on : 13.02.2023
First Appellate Authority's order : 23.03.2023
2nd Appeal/Complaint dated : 01.06.2023
Information sought:
The Appellant filed an RTI application dated 16.09.2022 seeking the following information:
(1). मेरे द्वारा कि गई शििायत दिनाांि 10-8-22 व 16-9-22 िे तहत शििायत किस अधििारी िो जाांच िे शिए िी गई अधििारी िा पि व नाम बताएां और अधििारी द्वारा जाांच िी गई िाफी िी प्रमाणित िॉपी उपिब्ि िराएां (2) चेयरमैन िमि बांसि िो किस किस तरह िे भत्ते व सैिरी िी रिम िी जाती है पूिण जानिारी उपिब्ि िराएां और बताया जाए पुरानी िार पर अिाउस ₹500 से Page 1 of 8 1500 रुपए किस अधििारी िे आिे ि से दिया जा रहा है िार िा मेि मॉडि नांबर बताएां और दिनाांि 1-1-21 से आज ति िा गाडी िे िॉग बुि िा ररिॉडण अविोिन िरें और बताया जाए इस गाडी पर दिल्िी सरिार िा स्टीिर िब िब जारी किया गया स्टीिर िा नांबर वततधि सदहत जानिारी उपिब्ि है (3) ववभाग ने दिल्िी टूररज्म व रे िवे से जानिारी िी है कि रे िवे ने 22.22,220 रुपए िा है िब और किस िारि से साउि रे िवे ने दिल्िी टूररज्म िे ऊपर फाइन किया है पूिण जानिारी प्राप्त िराएां और किए गए फाइन िी प्रमाणित फोटो िॉपी उपिब्ि िराएां और बताया जाए फाइन रे िवे िो दिया गया है या नहीां और इस बारे में क्या िीगि एक्िन शिया गया है (4) चेयरमैन िमि बांसि िे सववणस ररिॉडण िी ओररजजनि फाइि िा अविोिन िरें जानिारी शमिी है िमि बांसि गित िागजों िे आिार पर चेयरमैन िे पि पर िायण िर रहा है (5) ववभाग द्वारा जाांच िराई गई है दिनाांि 17-11-2019 िो अमृतसर िे रूट पर 15 िोच िी ट्रे न गई िी और रे िवे िो 18 िोच िी रिम अिा िी गई और दिल्िी सरिार िो भारी नुिसान पहुांचाया जानिारी उपिब्ि िराएां और जाांच िरने वािे अधििारी िा पि व नाम बताएां (6). दिल्िी सरिार द्वारा सन 2022 िे शिए िावड िैं प में किस किस तरह िी मिि िी जाती है और िुि कितने िैं प दिल्िी सरिार िे पास रजजस्टडण है और उन पर िुि कितना खचाण हुआ 2022 में िुि रिम बताएां जजिे िे दहसाब से और इससे सांबांधित ररिॉडण िा अविोिन िराएां और जो भी फोटो िॉपी चादहए वह प्रमाणित िॉपी उपिब्ि िराएां और िैं प िे शिए (7) िावड िैं प 2022 िे शिए किस किस िाम िे शिए किस-किस फमण िो कितने कितने िायण व रिम सदहत ठे िा दिया गया और उनिा चयन किस माध्यम से हुआ पूिण जानिारी उपिब्ि िराएां (8) िमि बांसि द्वारा तीिण यात्रा पर जाने वािी ट्रे न में अपने जानने वािे िोगों िो वािांदटयर बनािर भेजने िे बारे में ररवेन्यू ववभाग िो जानिारी व शिणखत में िी गई अनुमतत िी िॉपी उपिब्ि है तो उसिी प्रमाणित िॉपी उपिब्ि िरवाएां और बताया जाए आज ति िुि कितनी बार वािांदटयर िी शिस्ट भेज िर शिणखत में ररवेन्यू ववभाग से अनुमतत िी गई The PIO furnished a reply to the Appellant on 01.01.2023 stating as under:
1. ऐसी िोई जानिारी उपिब्ि नहीां है ।
2. तीिण यात्रा वविास सशमतत िे अध्यक्ष िे शिए िार भताण 45,000/- प्रततमाह है।
3. DTTDC िो भेजा गया है ।Page 2 of 8
4. DTTDC िो भेजा गया है ।
5. DTTDC िो भेजा गया है ।
6. जवान िे शिए डडजस्ट्रक्स में भेजा दिया गया है
7. िाम टें डर प्रोसेस िे तहत किये गये है ।
Being dissatisfied, the appellant filed a First Appeal dated 13.02.2023. The FAA vide its order dated 23.03.2023, held as under.
An appeal filed by Sh. Ved Singh (Appellant) under the Right to Information Act, 2005 in reference to his assigned RTI no. 25938. The First Appeal was heard on 23.03.2023 at 03:30 PM. The Appellant and Sh. Sharad Kumar PIO (Care Taking Branch, Revenue HQ) were present for the hearing pursuant to the notice issued in this regard. During the hearing, Sh. Sharad Kumar, PIO informed that the requisite information sought by the Appellant in his RTI was provided to the appellant and the copy of the same has already been given to the Appellant as per the provision of the RTI ACT.
In view of the above, the first appeal is disposed of.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Along with Advocate, Mr. R. K. Pillai present in person. Respondent: Mr. Pramod Kumar, SDM (HQ)/PIO present in person.
A written submission dated 18.09.2024 filed by the Appellant prior to the hearing is taken on record. He averred that information pertains to an important welfare scheme of GNCTD and failure to provide information appears to be deliberate. Ld. Counsel for the appellant reiterated the contents of their written submission wherein he inter alia pleaded as under -
"Sir, I am the undersigned and am living at A-115, Ganesh Nagar, Tilak Nagar, New Delhi-110018. The appellant is the coordinator in the "Mukhya Mantri Tirth Yatra Yozna" from Tilak Nagar Constituency. That the facts and circumstances that lead to the filing of the present appeal before your Hon'ble Forum is that on 10.08.2022 the appellant sought certain information from the SDM office, CTB Branch, 5 Sham Nath Marg, Delhi-54 with respect to information regarding Sh.
Kamal Bansal. It is pertinent to mention that prior to that the undersigned filed a Page 3 of 8 First Appeal vide no. 24967 vide reference number PA/DC (HQ)/APPEAL/2022/ID- 24967/954 dated 25.07.2022 and vide its order 11.07.2022 disposed off the appeal. As per the said order it was observed at Para No. 4 that the RTI application dated 22.03.2022 for providing information regarding how many government staff & private are working in Mukhya Mantri Tirth Yatra Yozna (referred herein as MMTYY). It was further observed that the reply given by the APIO (CTB) is not found to be satisfactory. Accordingly, the PIO was directed to facilitate the appellant therein for inspection of the file maintained by the CTB and provide date and time to the applicant for inspection of the guard file within 10 days. Accordingly appeal was disposed off.
That on 10.08.2022 when the undersigned checked the file it was found that those files were not maintained properly moreover the entire file was not provided to the undersigned/appellant for inspection. Accordingly the appellant herein filed a complaint regarding gross misconduct committed by the staff of the said MMTYY vide diary no. 19947 dated 16.9.2022 bringing all relevant facts to the said office. The said information was sought by the appellant vide his RTI dated 15.09.2022. It was mentioned therein that on 17.11.2019 the appellant was directed to make the arrangement of loading two buses with the Tirth Yatri's and was to reach Safdarjang Railway Station, he was also briefed that Train Coach No. 14 and 15 wherein coach no. 14 seat no. 41 to 62 and in Coach No. 15 seat no. 1 to 35 were reserved/booked for people/Tirth Yatri hailing from Tilak Nagar. When the appellant along with the Tirth Yatri came to the Station it was found that only 15 coaches were there and people sitting already the coach no. 15 told that they are allotted the said coach.
The appellant was surprised and shocked to learn this and contacted Sh. Kamal Bansal who assured the appellant that coaches will be arranged for the said Tirth Yatri's and the appellant also gave this information to the Local MLA/Vidhayak Sh. Sardar Jarnail Singh. To further the agony later all the Tirth Yatri's were accommodated in other coaches. It is pertinent to mention that the appellant out of 1000 Tirth Yatri's only 644 were only given seats for the Yatra and on further inquiry it was revealed by the Delhi Tourism that on 17.11.2019 only 15 coaches were provided for the Train whereas the Indian Railways told that they provided 18 coaches and the Delhi Government paid for 18 coaches. It was quiet apparent that revenue losses were incurred by the Delhi Government and working of Sh. Kamal Bansal, Chairman of Mukhya Mantri Tirth Yatra Yozna along with the staff of Delhi Tourism (IRCTC) and staff of Train Station were hand in glove in extorting illegal money through this channel.
That the appellant asked for information from the Railways through his letter/RTI dated 17.10.2022 and got information from Southern Railways vide its letter 16.03.2022 informed about travelers without tickets and also tickets on names other than those who has booked their tickets were being found while a random checking by the Flying Squad in a FTR Special Train MMTYY run by IRCTC/NZ and a fine of Rs. 22,22,220/- was imposed on IRCTC. At Para no. I it was found that the name list of the passengers were not stamped and counter signed by the Station Master of the journey originating station as required by Commercial Page 4 of 8 Circular No. 8 of 2018 dated 5.02.2018. Further in Para No. 2 it was found that the 222 passenger's names have been changed without authorization from the Railways. Furthermore statements of IRCTC officials regarding the said irregularities were also done. It was quite clear and apparent that these irregularities in the name of Mukhya Mantri Tirth Yatra Yozna were being done by the officials of IRCTC in connivance and under guidance of the Chairperson, MMTYY and staff of Railways.
It was mentioned in the complaint that the said information was also being shared to the offices of Hon'ble Chief Minister, New Delhi and also to the office of Delhi Tourism Railways. The appellant prayed for detailed enquiry into this gross misconduct and to take action against the culprits. Thereafter the appellant filed an RTI dated 16.09.2022 vide diary no. 19948 into the office of PIO, wherein information with respect to his complaint dated 10.08.2022 and 16.09.2022 was asked and information about the Chariman Sh. Kamal Bansal i.e., his salary, about his vehicle allowances and the make and model of the said car and log book of the said vehicle/record be provided also about the sticker attached to the said car showing/depicting "Delhi Sarkar" was also asked. Further it was also asked through the said RTI about the fine of Rs. 22,22,220/ upon IRCTC and the reason for the same was asked to be provided. The service record of Chairman Sh. Kamal Bansal was also asked and it was asked to inquire the incidence that occurred on 17.11.2019 for the Amritsar route wherein 15 coaches were provided in actual to 18 coaches. Further it was asked that in 2022 for the Kawad Camp what numbers and facilities were provided by the Delhi Government and the expenditure incurred by the State Govt. It was also asked that names of the firms be provided who were given contract by the Government and the mode of selection of these firms.
It was also asked through the above said RTI to provide details about Tirth Yatri send by Sh. Kamal Bansal who he used to send as volunteers and the information there with the Revenue Department and the documents pertaining to authorization of Sh. Kamal Bansal. The Revenue Depat., through its reply dated 1.02.2023 provided the information which is enclosed herewith for the kind perusal of your good-self. It is pertinent to mention that there was gross misconduct and irregularities apparently being played upon by the Chairman in connivance with the staff of IRCTC. It is pertinent to mention that there is no record of refunding back the money to the Delhi Govt., by the IRCTC nor there is any complaint or written correspondences showing/asking about the missing coaches on 17.11.2019.
Further there was another complaint by one Mr. Jeet Ram who vide letter dated 21.04.2022 wrote to Home Minister. Government of India narrated that he belongs from Chattarpur constituency and the AAP MLA viz., Sh. Kartar Singh bringing into light that 25% of Tirth Yatri belongs from different States and without any registration along with their families comprising of children. It is worth mentioning that children are not allowed in the above said Yatra. Further Sh. Kamal Bansal's name is mentioned and it is being said that the Chairman is involved in this Scam. It was being stated in the said letter that for the Tirth Yatra Page 5 of 8 to Shirdi the complainant therein along with his neighbours got registered for the Yatra however instead of the complainant and other yatris Sh. Kamal Bansal arranged sending other people to the said Yatra after getting hefty amount. Further the Southern Railways through its reply dated 17.10.2022, ref no. C.415/RTIA/226/22-23 replied/provided information's to the queries asked by the appellant herein.
Unsatisfied by the information provided by the department the appellant herein filed First Appeal before the Mandal Ayukat Saheb, 5- Sham Nath Marg, Delhi-54 which was disposed off vide order dated 23.03.2023 ref no.:-PA/Spl. CEO/FAA/2022-23/341-42. The said order it was observed that the appellant herein has filed a RTI no. 25938 and Sh. Sharad Kumar, PIO informed the First Appellate Authority that requisite information sought by the appellant herein in his RTI was provided and the copy is already given as per the provision of RTI Act. It is pertinent to mention that on 23.03.2023 while hearing the appeal the First Appellate Authority also misbehaved with the appellant therein which is also mentioned in the appeal dated 1.06.2023 That the reply filed by the Office of DC, Delhi in the present appeal dated 17.09.2024 vide ref no. F.1 (100)/CTB/HQ/2022/711 which is placed on record during hearing on 18.09.2024 is nothing but circumventing the facts and subverting the truth. The answer provided to the queries put by the appellant is still unanswered and the reply is nothing but an eye wash into the allegations leveled against the Chairman and staff/Manager of IRCTC. In serial no. 1 the information about the Inquiry Officer who was forwarded the complaint to enquire upon. In serial no. 2 it was not mentioned that the vehicle assigned to the Chairman and its allowances given to the Chairman is unanswered. It shows that the reply is made with ulterior motives and to shield the culprits. With respect to reply in serial no. 4 the record about the educational qualification of the Chairman is not provided which is mandatory record with the department. With respect to serial no.6 it is quiet surprising that for the last two years there is record of payments made with respect to organizing of Kawad Shivers by the Delhi Government. Reply in serial no. 7 the entities names are mentioned but the amount given to them for carrying out the work of facilitating the Kawad's during the Kawad Shivers organized by the Delhi Government is not mentioned and it clearly shows that the reply is only for shielding the culprits from their gross misconduct and irregularities: With respect of serial no. 8 it is unmentioned that the permission is asked by the Chairman in his letter head for the list of volunteers who takes part in the MMTYY, hence this information is there in records and the same was not provided. It is pertinent to mention that the tickets issued by the IRCTC, Railways for the said Tirth Journey and at present the same are taken back on return journey.
It is worth mentioning that for the Tirth Yatra organized on 17.11.2019 the bill dated 16.11.2019 shows that an amount of Rs.46,17,820/ was paid to Indian Railways by IRCTC for the said Yatra.
It is quite apparent that there is a big scam going on with the connivance of the Chairman and the staff of IRCTC, Revenue Department of Delhi Government, Page 6 of 8 Delhi Tourism along with the staff of the Railway Station in an organized manner thereby causing huge pecuniary losses to the exchequer of the Delhi Govt. That the Revenue Department is also shielding the culprits by not providing information with respect to the said irregularities for reasons best known to them. The appellant pray for a proper inquiry into this illegal affair and for appropriate actions against the culprits by punishing them with fine also to mention that same in the service records of those found guilty and further to appropriate the losses caused to the exchequer Delhi Government from the salaries of those officers/staff.
A revised reply vide letter dated 17.09.2024 filed by the Respondent is taken on record, contents of the same are reproduced below:
1. ऐसी िोई जानिारी उपिब्ि नहीां है ।
2. िैबबनेट सांख्या 2530 िे अनुसार चेयरमैन तीरि यात्रा वविास सशमतत िो िार भत्ते िे रूप में 45,000/- रूपए दिए जाते हैं ।
3. DTTDC िो भेजा गया है ।
4. ऐसी िोई जानिारी/ पत्राविी सांज्ञान में नहीां है ।
5. DTTDC िो भेजा गया है ।
6. िाांवड शिववर 2022 िे शिए टें टेज इिेजक्ट्रिि टें डर प्रकिया िे तहत िा िाम तनमन शिणखत ठे िेिारों िो दिया गयााः-
1. M/s Guptajee Tent Service (Distt West, East, North and North-West)
2. M/s Ahuja Tent and Decorators (Distt. New Delhi, Central, South, South West and South East)
3. M/s Mahalakshmi Light House (Distt North-East and Shahdara)
7. राजस्व ववभाग (मुख्यािय) में िो ऐसी िोई जानिारी उपिब्ि नहीां है "
During hearing, Respondent handed over a copy of his revised reply to the appellant. He clarified that information on all points except for point Nos. 3 and 5 has been provided to the appellant vide revised reply. To a query from the Commission, Respondent stated that Ms. Sundari Satyamani, Financial Controller is the present PIO of DTTDC and he volunteered to facilitate due assistance to the appellant to gather information on the said points from DTTDC.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, finds no infirmity in the revised reply given by the PIO on all points (except for point Nos. 3 and 5 of RTI Page 7 of 8 application) vide letter dated 17.09.2024 as the same was found to be as per the provisions of the RTI Act.
Nonetheless, since considerable time has elapsed and no information has been provided to the appellant at point Nos. 3 and 5 of RTI application, the Commission directs Respondent to take all necessary steps to procure the available information as sought for on these points from the concerned record holder i.e. PIO, DTTDC under Section 5(4) of the RTI Act and provide the same directly to the Appellant within four weeks from the date of receipt of this order.
First Appellate Authority to ensure compliance of these directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, REVENUE DEPARTMENT, 5, SHAM NATH MARG, DELHI 110054.Page 8 of 8
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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