Central Information Commission
Mr. Amandeep Bharadwaj vs Municipal Corporation Of Delhi on 5 February, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/003091/6328Adjunct
Appeal No. CIC/SG/A/2009/003091
SHOWCAUSE HEARING:
Appellant : Mr. Amandeep Bharadwaj,
H.No.522, Alipur,
New Delhi - 110036
Respondent : Public Information Officer
Municipal Corporation of Delhi.
Shiv Mandir Marg, Jal Vihar,
Central Zone,
Lajpat Nagar, Delhi
RTI application filed on : 06/05/2009
PIO replied : No reply
First appeal filed on : 20/07/2009
First Appellate Authority order : 17/09/09
Second Appeal received on : 07/12/2009
Information Sought
The Appellant has sought the below mentioned documents regarding following works:
1. Improvement/raising of B/Wall of park by pdg. Stone grit wash plaster and M.S. Grill near 34A, Pocket A-12, Kalkaji Extension, Ward No. 63, Central Zone.
2. Development work in unauthorized colony Molar Band Extension, 525/1071 Phase V, Central Zone.
• Construction of O/S/D and PDG Brick on Edge flooring in Gali no. 28, 33 and 34 in ward no.65, Central Zone.
• Construction of open surface drain and Pdg. Brick on edge flooring in Gali No. 53/2.53/8.54/4 in E Block Gali No. 19 & 20 in F Block, Ward No. 65, Central Zone.
3. Development work in unauthorized colony I Block Hari Nagar (256/1071) Vth Phase Central Zone
4. Construction of Open surface drain and pdg. Brick on edge flooring in gali no. 12- A, 12-B, 12-C, 12-D, 12-E in ward no. 65, central zone.
5. R/R charges and permission for laying 750 mm water main from Don Bosco School to Sukhdev Vihar and Xing Molana Mohd. Ali Marg in intersection of Don Bosco School PWD Page no. 1 of 3
6. Drainage system and interlocking tiles from Md. Jahid to Birja House and RAfic Gali in Village Badarpur in ward no.65, central zone.
7. Construction of footpath on 60' road LHS HR Block, Pul Pehladpur in Ward no. 64, Central zone.
8. Pdg. and laying CC on road side beams LHS on 60' Road HR Block Prahladpur in ward no. 64, central zone.
Documents required:
1. Certified copy of Agreement, Technical Solution, Detail of Measurement, Drawing, Site, Order Book, Cement Register, Hindrance Register, etc.
2. Certified copy of running account bills and final bill with complete details.
3. Certified copy of record entry, abstract of cost, etc. for running account bill and final bill entered by the Junior Engineer in measurement book and test check done by the A.E. in M.B. and Bill passed by the E.E.
4. Certified copy of all letters endorsed by the Contractor to E.E. and E.E. to Contractor for the above said work.
Reply of the PIO No reply of the PIO.
First Appeal:
No reply provided by the PIO.
Order of the FAA:
The FAA ordered the Appellant to appear for hearing on 25/08/2009. Due to the appellant stating his unavailability to attend the hearing on 25/08/09, the FAA asked the Appellant to appear for a hearing on 15/09/2009.
The FAA directed the PIO to provide the required information to the Appellant, free of cost and to resolve the issue within 30 days of issue of the order.
Ground of the Second Appeal:
No information provided by the PIO.
Decision dated 07/01/2010:
It appears that no information has been provided to the appellant without any reasons. The First Appellate Authority had clearly ordered the information to be given to the appellant within 30 days of his order on 17/09/2009. Hence it appears that the FAA's order has not been implemented.
The appeal was allowed. The PIO was directed to provide the complete information to the appellant before 30 January 2010.
As the issue before the Commission was of not supplying the complete, required information by the PIO within 30 days as required by the law, and for not obeying the orders of the First Appellate Authority, the Commission issued a show cause notice to the PIO. He was directed to present himself before the Commission on 5 February 2010 at Page no. 2 of 3 10.30am alongwith his written submissions to show cause why penalty should not be imposed on him as mandated under Section 20 (1).
Relevant facts arising during the show cause hearing held on 05/02/2010:
The following persons were present:
Appellant: Dr. Parveen Gupta;
Respondent: Mr. Krishan Kr. Dhiraan APIO & Executive Engineer;
Mr. Bachu Singh, LDC;
The Respondent submitted that after the order of the First Appellate Authority, a letter dated 23/09/2009 was sent to the Appellant in which he was asked to come and collect the information from the Respondent's office. An authorized representative of the Appellant states that the Appellant has still not received the complete information from the Respondent. He has also not received certified copies of any of the information that has been given to him. He has given a list of the documents that have not been received till date. Copy of this list has been provided to the Respondent. The Respondent alleges that the Appellant is never ready to receive the information from him. The Respondent is therefore directed to send the complete information to the Commission's office before 20 February 2010 and the Appellant will collect it from the Commission's office.
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 5 February 2010 (In any correspondence on this decision, mention the complete decision number.)(CD) Page no. 3 of 3