Central Information Commission
Mr.Harish Kumar vs Mcd, Gnct Delhi on 24 April, 2012
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2012/000675/18573
Appeal No. CIC/SG/A/2012/000675
Relevant Facts emerging from the Appeal
Appellant : Mr. Harish Kumar
628/3, Shivaji Road,
Pul Mithai, Delhi-110006
Respondent : Mr. Subhash Dodrai
PIO & SE Municipal Corporation of Delhi Superintending Engineer, S.P Zone Zonal Office Bldg, Near P.S, Sadar Bazar Idgah Road, Delhi-110006 RTI application filed on : 12/07/2011 PIO replied : Not mentioned First appeal filed on : 23/08/2011 First Appellate Authority order : 15/09/2011 Second Appeal received on : 28/02/2012 Information Sought:
1. Please provide the certified copy of file noting with correspondence of investigation n DCM flatted factory complex located at Kishan Ganj. In this regard the issues raised by the then Dy.
Commissioner on dated 12/02/2011 and further orders 18/02/2011 regarding constitution of technical committee the following information may be given.
2. DCM flatted factory complex located at Kishan Ganj whether the technical committee submitted the report if so copy of the report may be provided
3. DCM flatted factory complex located at Kishan Ganj. What was the date of submission of said report.
4. Please provide the certified copy of file noting with correspondence of investigation of investigation on DCM flatted factory complex located at Kishan Ganj. What were comments of officiating Dy. Commissioner/S.P Zone Sh. Krishan Kumar on the technical committee reports copy of the same may be provided.
5. DCM flatted factory complex located at Kishan Ganj. What was further action taken & present status on the recommendation of the technical committee report to till date.
Reply of the Public Information Officer (PIO):
No reply given by the concerned PIO.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
FAA disposed off the appeal by directing the concerned PIO to provide the information sought by the appellant within 3 weeks from the date of issue of the order.Page 1 of 2
Grounds for the Second Appeal:
No information provided by the PIO despite the order of the FAA. Condonation for late filing of second appeal sought since the Appellant was injured in the High Court Blast on 07/09/2011. He was subsequently hospitalized and had lost a limb. The Commission condones the delay.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Harish Kumar;
Respondent: Mr. Manoj Kumar, EE(B) on behalf of Mr. Subhash Dodrai, PIO & SE;
The PIO claims that he sent a reply by email on 02/11/2011. He has produced the print out of the email and there is no evidence that this email was ever sent to the Appellant. From the statement of the respondent and his explanations it appears that MCD Officers are unaware of a proper process to send the information by email to the Appellant. The Commission directs the Respondent to immediately inform Dr. R. C. Pattnaik Chief Director (IT) to look into this matte and train the officers properly so that the replies are sent to the Applicants properly.
The information provided by the PIO was that the files have been sent to Appellate Tribunal of MCD. The Commission directs the PIO to inform the Appellant about the date on which the file was sent to the Appellate Tribunal.
The RTI application had been filed on 13/07/2011 and the FAA had also given an order on 15/09/2011 to provide the information within 03 weeks. Instead the Respondent claims that an email was sent to an unknown recipient on 02/12/2011 stating that the files were with the Appellate Tribunal of MCD.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the appellant before 05 May 2012.
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 24 April 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 2 of 2