Central Information Commission
Mrkrishan Gopal Kaushik vs Ndmc, Gnct Delhi on 12 August, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi110066
F. No.CIC/YA/A/2015/001699
CIC/YA/A/2015/001671
CIC/YA/A/2015/001697
CIC/YA/A/2015/001698
Date of Hearing : 12.08.2016
Date of Decision : 12.08.2016
Appellant/Complainant : Shri K G Kaushik, Delhi
Respondent : CPIO, North Delhi Municipal Corporation,
Delhi
Through:
Shri A.K.Jain, AE(B)/SPZ
Shri Ashok Kumar, JE
Information Commissioner : Shri Yashovardhan Azad
Since both the parties are same in the above mentioned appeals, these appeals are clubbed
together for hearing and disposal to avoid multiplicity of the proceedings.
Relevant facts emerging from appeal:
Case No. RTI filed on CPIO reply First appeal FAA order 2nd appeal filed
filed on
1699 07.08.2013 19.09.2013 29.10.2013 20.11.2013 29.08.2014
1671 26.12.2013 16.05.2014 02.04.2014 18.06.2014 29.08.2014
1697 07.08.2013 19.09.2013 28.10.2013 20.11.2013 29.08.2014
1698 07.06.2013 05.07.2013 26.07.2013 13.08.2013 29.08.2014
CIC/YA/A/2015/001699
Information soughtand background of the case:
The appellant vide RTI application dated 07.08.2013 sought action taken report on his complaint against property no. 472, Chisti Chaman, Kishan Ganj, Delhi under 6 points. CPIO vide letter dated 19.09.2013 furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated 20.11.2013 directed CPIO to furnish the amended reply to the appellant within 15 days. Feeling aggrieved over noncompliance of FAO the appellant approached the Commission.
Relevant facts emerging during hearing:
The appellant is absent. The respondent is present and heard. He states that information as available on record has already been provided to the appellant. On being asked as to why the directions of FAA have not been complied with and amended reply was not sent to the appellant, the respondent states that he joined this Division only on 2nd August, 2016 and is not fully aware of the facts. On a further query as to whether RTI applications were handed over to him at the time of joining this Division he replied in negative.
Decision:
After hearing the respondent and perusal of record, the Commission notes that the RTI application has been treated in the most perfunctory manner by the then CPIO and there is complete absence of monitoring of RTI matters at any level in the Respondent's office. Even compliance of FAA's order is dispensed with by the CPIO and no explanation is thought necessary to be submitted. The successor officer/CPIO who attends the hearing is not provided the files at the time of handing over of charge by the predecessor and is clueless about the case at hand. This defeats the purpose of timely adjudication of RTI matters and is detrimental to the entire jurisdiction of RTI matters as a whole. The PIO is directed to submit an amended reply, within two weeks of receipt of this order, in terms of the directions of the FAA, given vide FAO dated 20.11.2013; with a copy sent to the appellant. Deputy Registrar of this bench is directed to issue a Show Cause Notice to Shri S.R. Lakhan, EE.(Building) Hqrs., North DMC, for not complying the directions of FAA, obstructing caused to the flow of information and for not monitoring the RTI applications diligently. A copy of this order is directed to be sent to the Commissioner, NDMC to bring to his attention the inappropriate handling of RTI matters by his officials in order to take necessary measures to avoid such incidents in future.
This appeal is disposed of accordingly.
CIC/YA/A/2015/001671 Information sought and background of the case:
The appellant vide RTI application dated 26.12.2013 sought a copy of complaint filed by the appellant and sought information about 8 properties under 5 points. CPIO vide letter dated 16.05.2014 furnished point wise information as available on record. The appellant preferred first appeal being dissatisfied with the reply. FAA vide order dated 18.06.2014 directed CPIO to furnish the amended reply within 10 days. Upon non receipt of response, the aggrieved appellant approached the Commission.
Relevant facts emerging during hearing:
Appellant is absent while the respondent is present and heard. The respondent states that order of FAA has already been complied with. He states that while two of the properties have been booked, no police complaints have been received for rest of the 6 properties.
Decision:
After hearing the respondent and perusal of record, the Commission directs the public authority to provide a revised reply clearly mentioning how many properties have been booked and how many unauthorised constructions have been carried out on the properties mentioned by the Appellant in his RTI application. The revised reply must be sent to the appellant within 2 weeks of receipt of this order, under intimation to the Commission.
The appeal is disposed of accordingly.
CIC/YA/A/2015/001697 Information sought and background of the case:
The appellant vide RTI application dated 07.08.2013 sought information under 6 points regarding action taken on his complaint against property no. 18/91/1 Gali no. 1, East Moti Bagh, Delhi. CPIO vide letter dated 19.09.2013 furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated 20.11.2013 directed CPIO to furnish a revised reply on point no. 5 to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.
Relevant facts emerging during hearing:
Appellant is absent while the respondent is present and heard. He states that information as available on record has already been provided to the appellant. He also states that as per the orders of the FAA, amended reply with regard to point No.5 has already been provided to the appellant. However no documents have been submitted on record to substantiate that information as sought has been duly provided. In fact the only document provided by the Respondent is a letter stating that the complaint was marked to Sh. Mohit Sukhija, the then JE (B) for necessary action.
Decision:
After hearing the Respondent and perusal of record, the Commission finds that information though claimed to have been provided to the appellant, there is no evidence thereof on record. The appellant is not present to present his case. The Commission finds it expedient that a response as claimed by the Respondents should be put on record. Accordingly, the PIO, SPZ is directed to submit a copy of information already furnished to the appellant, before the Commission positively within a week of response of this order, with proof of having sent a copy to the appellant.
The appeal is disposed of accordingly.
CIC/YA/A/2015/001698 Information sought and background of the case:
The appellant vide RTI application dated 07.06.2013 sought action taken report on his complaint against quarter no. 453,454,460, Chandar Sekhar Azad colony, Kishan Ganj, Delhi for encroachment on Govt. land and using it for commercial purpose. CPIO vide letter dated 05.07.2013 furnished information on point no. 2 & 3 as available on record. The appellant preferred first appeal. FAA vide order dated 13.08.2013 directed the CPIO to furnish the amended reply to appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.
Relevant facts emerging during hearing:
The appellant is absent despite notice. The respondent is present and heard. He states that information as available on record has already been provided to the appellant. He also states that with reference to point No. 1, it was clarified to the appellant that while only services were provided by the Respondent in the areas mentioned by the Appellant, ownership of the JJR Land/assets within the peripheral limits/geographical boundaries as per approved layout plans of JJS colonies developed in the various parts of the Capital City and of all the assets/moveable/immoveable land pockets vests with the DUSIB. The DUSIB also manages the lease of plots in all these resettlement colonies. He further states that on the directions of FAA it was requested to Chief Executive Officer, DUSIB on 30.08.2013 to clarify as to whether open spaces/pockets in the Swami Dayanand Colony, Amba Bagh and Chander Shekar Azad colony vests with Slum wing of DUSIB but no reply has been received till date.
Decision:
After hearing parties and perusal of record, the Commission directs the PIO, NDMC to obtain necessary information from the DUSIB clarifying the position as enquired by the NDMC vide letter dated 30.08.2013. PIO, NDMC is directed to pursue the matter with DUSIB and submit the clarification within three weeks of receipt of this order.
(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
Copy to:
Public Information First Appellate
Officer under RTI Authority under RTI
Executive Engineer- Superintending
(Build.) / S. P. Zone, Engineer / S. P. Zone,
North Delhi Municipal North Delhi Municipal
Corporation, Corporation,
Building Department, Engineering
S. P. Zone, Department, S. P.
Zone,
Old Building, Room
No.-30, 2nd Floor, Old Building, Room
No.-22, 1st Floor,
Sadar Thana, Idgah
Road, Delhi-110006. Sadar Thana, Idgah
Road, Delhi-110006.
Public Information Shri Krishan Gopal
Officer under RTI Kaushik
Assistant Engineer- House No. - 206 / 1-A,
(Build.) / S. P. Zone,
Street No.-5,
North Delhi Municipal
Corporation, Padam Nagar,
Building Department, Delhi-110007.
S. P. Zone,
Old Building, Room
No.-30, 2nd Floor,
Sadar Thana, Idgah
Road, Delhi-110006.
Public Information First Appellate Authority under RTI
Officer under RTI
Executive Engineer- Superintending Engineer / S. P. Zone,
(M-II) / S. P. Zone,
North Delhi Municipal Corporation,
North Delhi Municipal
Corporation, Engineering Department, S. P. Zone,
Engineering Old Building, Room No.-22, 1st Floor,
Department, S. P. Sadar Thana, Idgah Road, Delhi-110006.
Zone,
Nigam Bhawan,
Kashmere Gate,
Delhi-110006.
Shri Krishan Gopal
Kaushik
House No. - 206 / 1-A,
Street No.-5,
Padam Nagar, Delhi-
110007.