Central Information Commission
Haradeb Bhattacharyya vs Central Public Works Department (Er) on 19 April, 2018
CENTRAL INFORMATION COMMISSION
BABA GANGNTH MARG, MUNIRKA
New Delhi-110067
F. No.CIC/CPWER/C/2017/184413
Date of Hearing : 18.04.2018
Date of Decision : 18.04.2018
Appellant/Complainant : Mr. HARADEB BHATTACHARYYA
Respondent : PIO/Dy. Director-
(Horticulture)/Div.-III, Central
Public Works Department,
Horticulture Division
Through: Mr. Jitendra Singh-Dy.
Director(Hort.), CPWD
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 21.09.2016
PIO replied on : 06.09.2016
First Appeal filed on : - -
First Appellate Order on : - -
2nd Appeal/complaint received on : 09.11.2016
Information soughtand background of the case:
Vide RTI application dated 21.09.2016, the complainant sought information as under:-
(i) Provide attested copy of order by which the park, within premises of Type-II Staff Qtr, Aram Bagh, ND, was converted into Durga Puja Park.
(ii) Provide total expenditure incurred on the construction of concrete permanent platform in the said Durga Puja Park for performing Durga Puja along with attested copy of payment vouchers/bills.
(iii) Provide attested copy of judgment of the Supreme Court as mentioned in letter no. 12(12)/U.M.-III/2016-17/2932 dated 06.09.2016 (copy enclosed) addressed to appellant by the Dy.
Director (Horticulture), Udyan Mandal-III, CRWD, ND.
(iv) Whether the Durga Puja Park, Type-III Qtr., has been allotted for the purpose of celebration of Durga Puja in the month of October 2016 by your office/department? If yes, provide the details of Name and Address of the allottee who had submitted the application for the booking of the said Durga Puja Park ranging from the 1st June 2016 to 15th October 2016 along with attested copy of application from enclosures and final approval letter given by department.
The complainant enclosed a letter dated 06.09.2016, wherein the Dy. Director had informed as under:-
"As per Hon'ble Supreme Court of India directions, no developed lawn/park belonging to Govt. can be used for any social function including marriage etc."
Feeling aggrieved upon non receipt of any response, the complainant approached the Commission.
Relevant facts emerging during the hearing:
Complainant has not appeared for the hearing while the Respondent has contended that the queries of the complainant have been addressed and he has expressed his satisfaction over the redressal.
Decision:
Considering the facts of the case at hand, the Commission is not satisfied with the response of the Respondent/PIO as noted in the letter dated 06.09.2016. The instant complaint is thus converted into an Appeal and the Respondent is directed to furnish a point wise response against each of the four query, particularly addressing the following:
i) copy of order by which the park, within premises of Type-II Staff Qtr, Aram Bagh, ND, was converted into Durga Puja Park,
ii) copy of judgment of the Supreme Court as mentioned in letter no.
12(12)/U.M.-III/2016-17/2932 dated 06.09.2016 (copy enclosed) addressed by the Dy. Director (Horticulture), Udyan Mandal-III, CRWD. This Reply should reach the applicant within a week of receipt of this order and the respondent, Dy. Director(Hort.) shall furnish a Compliance Report before the Commission by or within 05.05.2018.
The case is disposed of with the above directions.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer