Central Information Commission
Mr.Anil Dutt Sharma vs Mcd, Gnct Delhi on 23 May, 2012
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Decision No. CIC/SG/A/2012/000992/19069
Appeal No. CIC/SG/A/2012/000992
Relevant Facts emerging from the Appeal
Appellant : Mr. Anil Dutt Sharma
D-129, New Seelampur,
Delhi-1100
Respondent : Mr. A. K. Mittal
PIO & SE-I Municipal Corporation of Delhi Shahdara North zone, Welcome, Keshav Chowk, Shahdara, Delhi.
RTI application filed on : 29/07/2011 PIO replied : 03/10/2011 First appeal filed on : ------------- First Appellate Authority order : Not mentoend. Second Appeal received on : 12/01/2011 The Appellant had sought information:
Please inform me the date and the particulars of the report which you have forwarded to the MCD. about the Jafrabad, Gocul Pun, and other police stations of districts which are functioning in residential building which are against the DMC act and misuse of properties.
2. Provide me copy of report which you have forwarded to MC.!) tinder section 475 oFDMC act about the misuse of property and Encroachment on public road by Pummy sweets Dilshad Garden. s. Please inform me under which directions of law you have occupied public land outside of police station of Jafrabad, Gokul Purl, Welcome and other police stations of districts and provide me copy of report by which you have informed to the MCD. about the illegal parking outside of police stations which is against the DMC act.
4. Please inform me whether the police have the special relaxation to occupy public land for parking if available space does not available inside the premises if yes under which law.( vide RTI reply ID. No. 331.9 12/07/11) .5. Inform me office order and law by which you are entitled to Occupy public land outside of police stations for parking and provide me copy of unauthorized parking of police outside of police stations, report which you have forwarded to the M.C.D under section 475 of DMC act. .( vide RTI reply ID. No. 3349 dated 12/07/Il)
6. Whether any order and direction of law subsist for your working up therein you have empowered. to exonerate-the citizens if they found park working ?open space outside the premises who have not adequate space for parking inside the premises. If not then inform me such directions of law therein you have got relaxation itself.
PIO's reply;
RTI is unsigned and hence no reply given.
Page 1 of 2Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO. PIO had pretended that the information sought under point no 1(1) to 1(8) are not available on record.
Order of the First Appellate Authority (FAA):
Not mentioned.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO Relevant Facts emerging during Hearing:
The following were present Appellant: Mr.Anil Dutt Sharma;
Respondent: Mr. Ravi Kant Gupta, AE(B) on behalf of Mr. A. K. Mittal, PIO & SE-I;
The appellant had filed an RTI application with the PIO of the Police Department. It appears that the PIO of the Police Department has without any application of mind transferred the RTI application to the PIO of MCD and the copy which was sent to the PIO of MCD is not the complete RTI application and thus what was received by MCD was incomplete RTI application. Consequent to this the PIO informed the Appellant that since the application was unsigned it could not be replied to. A perusal of the queries clearly shows that all the information sought by the Appellant would be with the Police Department.
Decision:
The Appeal is disposed.
The PIO is directed to send a letter to the Police Department informing them that the matter does not pertain to MCD and hence PIO of the Police Department should provide the information.
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 23 May 2012 (In any correspondence on this decision, mention the complete decision number.)(AD) Page 2 of 2