Central Information Commission
Ajay Kumar Gupta vs Directorate Of Vigilance And Anti ... on 30 September, 2022
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीयसच
ू नाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/DVAAC/A/2022/604285 -UM
Mr. AJAY KUMAR GUPTA
....अपीलकताा/Appellant
VERSUS
बनाम
CPIO,
Anti Corruption Branch,
Govt of NCT OF Delhi,
Vikas Bhawan-2, 5th Floor,
Upper Bela Road, Delhi
प्रद्वतवादीगण /Respondent
Date of Hearing : 16.09.2022
Date of Decision : 30.09.2022
Date of RTI application 29.11.2021
CPIO's response 07.12.2021
Date of the First Appeal 10.12.2021
First Appellate Authority's response 06.01.2021
Date of diarized receipt of Appeal by the Commission Nil
ORDER
FACTS The Appellant vide RTI application sought information, as under:-
The CPIO vide letter dated 07.12.2021, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated 06.01.2021, also furnished a reply to the Appellant.Page 1 of 2
Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Present through AC Respondent: Ms Khiloni SI Anti Corruption Branch, Present through AC The Appellant while reiterating the contents of RTI submitted that he sought information regarding copy of guidelines for conducting departmental enquiries and preparation / submission of reports called for by the Anti Corruption Branch, DOV, GNCTD from the various government departments pertaining to GNCTD and the copy of complete file with noting pertaining to the attached notice to DSIIDC seeking Action Taken Report made by their office as per records. The Appellant further stated that no proper reply has been provided till date and his RTI was transferred to DSIIDC despite the fact that he had sought information from Anti Corruption Branch and not from DSIIDC. The Respondent submitted that RTI application has been transferred to DSIIDC vide a letter dated 07/12/2021 as DSIIDC is the concerned authority in this case. The Respondent further stated that she had no information whether DSIIDC furnished any reply for the Appellant.
The Appellant countered the claim of the Respondent and stated that there is an undue delay in furnishing proper reply to his RTI application which clearly shows the lackadaisical approach of the CPIO in implementation of RTI Act 2005.
DECISION:
Keeping in view the facts of the case and the submissions made by both the parties, The Commission directs the respondent to furnish a complete and correct reply to the Appellant strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act 2005 within a period of 21 days from the date of receipt of this order under the intimidation to the Commission.
The Appeal stands disposed accordingly.
(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 द्वदनांक / Date: 30.09.2022 Page 2 of 2