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Central Information Commission

Mr.R L Makhija vs Mcd, Gnct Delhi on 25 January, 2012

                            CENTRAL INFORMATION COMMISSION
                                Club Building (Near Post Office)
                              Old JNU Campus, New Delhi - 110067
                                     Tel: +91-11-26161796
                                                                         Decision No. CIC/SG/A/2011/003301/17076
                                                                                Appeal No. CIC/SG/A/2011/003301
Relevant Facts emerging from the Appeal

Appellant                                :         Mr. R.L Makhija
                                                   G 14,Arjun Nagar,Gali no 4
                                                   Delhi 110051

Respondent                               :         Mr. Sushil Kumar

Public Information Officer & SE-I Municipal Corporation of Delhi Zonal Building, Kakrdooma, Shahdra South Zone Shahdara, New Delhi-110032 RTI application filed on : 01/07/2011 PIO replied : 03/08/2011 First appeal filed on : 12/08/2011 First Appellate Authority order : 26/09/2011 Second Appeal received on : 17/11/2011 Sl. Information Sought Reply of the PIO

1. Date of birth of Mr. Rajpal 14.11.1976

2. Date of joining MCD 03.06.2009

3. Departments where he was posted(including period of serving) Building department civil line zone(03.06.2009-11.01.11) EE M-1/SH-

SOUTH ZONE(12.01.11 to till date)

4. Posts held since date of appointment(with each periods) Junior engineer(civil)

5. Copy of the office of the said S.K.s to work in Building Deptt. Building activities,maintenance of roads,drains.

6. Please provide the details/copy regarding the education qualification 3 pages the same will be supplied after i.e 10th and 12th marksheet. depositing Rs.6/-

7. Please provide the diploma/degree copy and mark sheets copy Same as in reply no.6

8. Please provide the appointment letter copy obtained after depositing rs.4/-

9. Mr.Rajpal was selected in MCD as a job of junior engineer or work Junior engineer(civil) assistant.

10. Where Mr.Rajpal served before joining MCD please provide the No such information available details with the experience copy.

11. Please provide the details of Mr.Rajpal asserts from the date of No such information available joining MCD till today on yearly basis.

12. Please provide the copy of last 5 years income tax return copy. No such information available

13. How many RDA is pending and issued from last 5 years please no information received from vigilance provide the details ? please provide the complaint and action/charge department. sheet copy(also include the RDA accomplished/finalized)

14. Please provide the name and designation of investigation team for No information available each RDA

15. Please provide the details of conveyance allowance(amount).Is it for Rs.365/- for 2 wheeler 2 wheeler or 4 wheeler.

16. Please provide the details of his salary including all allowances No information available

17. Please provide the details where his children are studying(school No information available name, class) with their fees and transportation.

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18. Please provide the details of Mrs. Rajpal, whether she is a No information available housewife. If not then at where she is serving. buisness. Please provide the details with accompany name, designation and salary.

19. Whether Mr.Rajpal gets allowances for children education(tuition No information available reimburses).If yes then how much

20. Please provide the details of criterion of conveyance allowance of No information available junior engineer.

21. Please provide the details of how much work order during each 23 work orders(can be supplied by period was executed and currently running. depositing @rs.2/ copy)

22. Please provide the details of his father occupation he had given to No information available MCD.

23. Please allow me to inspect the service file of Mr.Rajpal and allow The record can be inspected on any me to have the copy of documents I required after inspection and I working day during office hours with 3 am ready to pay the requisite fees for this. days prior notice.

24. From last 5 year how much traveling allowance has been issued by No information available Mr.Rajpal. provide complete details.

25. Whether Mr.Rajpal got selected in MCD in general quota. If not Schedule caste then provide the certificate copy.

Grounds for the First Appeal:

Incomplete and unsatisfactory information provided by the PIO. Order of the First Appellate Authority (FAA):
FAA has asked the PIO to revisit his replies and send specific point wise replies to the appellant and has also asked the appellant to deposit the required money to get the copies.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. R.L Makhija;
Respondent: Mr. Charan Singh, EE(M-II) and Mr. Kumar Mahendra, AE(M-I) on behalf of Mr. Sushil Kumar, PIO & SE-I;
The PIO has given most of the information but has demanded additional fees from the Appellant though he was sending the reply after 30 days. The PIO is in error since once a period of 30 days is over he has to provide the information free of cost. The FAA has also erred in this matter.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information free of cost to the Appellant. 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 25 January 2012 (In any correspondence on this decision, mention the complete decision number.)(AS) Page 2 of 2