Central Information Commission
Mr.Nitesh Umar Tripathi vs Government Of Nct Of Delhi on 5 March, 2013
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/002695
Date of Hearing : March 5, 2013.
Date of Decision : March 5, 2013.
Parties:
Applicant
Shri Nitesh Kumar Tripathi
Room No. 101, Boys Hostel
RIMS and R
Saifai
Etawah - 206 301.
Applicant was present
Respondent(s)
The Transport Department
O/o the Depot Manager
Vasant Vihar Depot
New Delhi.
Representative : Shri Dinkar saini, Shri Cosmos Tigga.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/002695
ORDER
Background
1. The Applicant filed an RTI Application dated 5.3.12 with the PIO, DTC (HQ). He wanted to know the action taken on his complaint filed on 13.4.12 against the conductor in bus route no. 615 stating that although he is a physically handicapped person the bus conductor did not stop the bus for him. In his complaint the Applicant also stated that later on when the conductor was questioned by his brother he and his brother were beaten up by the conductor. The Applicant in his complaint also requested that a case be filed against the offender. The PIO replied on 19.6.12 pointing out to the Applicant that he was requested to appear for a hearing to be conducted as part of the investigation in the matter on 26.4.12 and on 12.6.12 and that he was also informed about this through email and that the Appellant had not bothered to turn up for the hearing before the Depot Manager . The Applicant meanwhile filed his first appeal on 7.6.12 seeking the information (Before he received the PIO's reply dated 19.6.12). On not receiving any further reply the Appellant filed his second appeal dated 15.7.12 before the Commission.
Decision
2. During the hearing the Respondent informed the Commission that the first appeal was not received by the FAA's office. He also pointed out that in his second appeal the Appellant has only requested the Commission to direct the Public Authority to file a case against the conductor who had assaulted him and has not sought any information. The Respondent further informed the Commission that when the Appellant did not bother to appear for the hearing an exparte decision was taken that the conductor and driver are both not to be held responsible, in the absence of any proof or any witness. This information according to the Appellant was provided to the Appellant on 4.9.12.
3. The Commission after hearing the Respondent and after perusing the relief sought by the Appellant noted that the Appellant has indeed not sought any information in his appeal and that he simply wants the Commission to direct the PA to file a case against the conductor and holds that the same falls outside the ambit of the RTI Act and therefore cannot be granted by the Commission.
4. The appeal is rejected for reasons given above and the case directed to be closed.
Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Nitesh Kumar Tripathi Room No. 101, Boys Hostel RIMS and R Saifai Etawah - 206 301.
2. The Public Information Officer The Delhi Transport Department O/o the Depot Manager Vasant Vihar Depot New Delhi.
3. The Appellate Authority The Delhi Transport Department O/o the Depot Manager Vasant Vihar Depot New Delhi.
4. Officer in charge, NIC.