Central Information Commission
Mrsandeep Dabas vs Mcd, Gnct Delhi on 8 August, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi110066
F. No.CIC/YA/A/2015/000270
CIC/YA/A/2014/002992
CIC/YA/A/2014/003120
Date of Hearing : 08.08.2016
Date of Decision : 08.08.2016
Appellant/Complainant : Shri Sandeep Dabas, Delhi
Respondent : CPIO, North Delhi Municipal Corporation,
Delhi
Through:
Sh. Ishwar Chander, APIO
Smt. Nirmala,
Mrs. Sujata Malik, DDE
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 no. CPIO reply First appeal FAA order 2nd appeal filed
filed on
0270 27.10.2014 No reply 19.12.2014 16.01.2015 28.01.2015
2992 13.08.2014 30.09.2014 09.10.2014, 03.11.2014 11.11.2014
17,10,2014 &
27.10.2014
3120 16.08.2014 24.09.2014 09.10.2014 03.11.2014 11.11.2014
&
27.10.2014
CIC/YA/A/2015/000270
Information soughtand background of the case:
The appellant vide RTI application dated 27.10.2014 sought information as follows:
Kindly provide me the video recordings (on VCD/DVD) of the meeting of Standing Committee held on dated 18062014, 25062014 and 02072014 as held in the concerned department.
Upon non receipt of response from the CPIO, the appellant preferred first appeal dated 19.12.2014 which was disposed of by FAA vide order dated 16.01.2015 informing that VCD and DVD could not be revealed because of stringent security reasons. Feeling aggrieved the appellant approached the Commission.
Relevant facts emerging during hearing:
During the hearing, only the respondents were present and reiterated their contentions. It has further been submitted by the Respondent that the appellant was invited to "hear the audio" of the VCD. However, the appellant had failed to avail the opportunity to hear the audio. The Respondent added that a copy of the video footage of the meeting of Standing Committee, NDMC held on 25.06.2014 and 02.07.2014 have already been produced before the Metropolitan Magistrate, Tis Hazari on 24.01.2015.
Decision:
After hearing submissions and perusal of record, the Commission notes that since the video footage of meeting held on 25.06.2014 and 02.07.2014 have already been submitted before the Court, there appears no impediment in furnishing the same information even in response to the instant RTI application. Upon a query from the Bench, it was submitted by the public authority that since they are not technologically well equipped converting the video footage to an audio diskette format will not be possible for them but they agreed to provide the information in the form of video as sought by the appellant. Hence, the Commission directs the PIO to supply copy of video footage, as much as is relevant corresponding to the query of the Appellant, within two weeks of receipt of this order.
CIC/YA/A/2014/002992 Information sought and background of the case:
The appellant vide RTI application dated 13.08.2014 sought information under 5 points regarding promotion of Smt. Nirmala, ADE (Phy.).
CPIO vide letter dated 30.09.2014 furnished point wise information as available on record. Not satisfied with the response, the appellant preferred first appeal which was disposed of by a speaking order passed by the FAA on 03.11.2014 upholding the reply of CPIO. Feeling aggrieved the appellant approached the Commission.
Relevant facts emerging during hearing:
During the hearing only the Respondent appeared while the Appellant chose not to appear despite notice. The records of the case as well the submissions of the Respondent indicate that information as sought and available have already been provided by the public authority.
Decision:
After hearing the Respondent's submissions and perusal of record, the Commission notes that the response of the public authority against the queries is as per available records, therefore, there appears no room to doubt the response against the query number 5. Hence, no further orders are required in this case.
CIC/YA/A/2014/003120 Information sought and background of the case:
The appellant vide RTI application dated 16.08.2014 sought information as follows:
Kindly allow me to inspect and to take relevant certified copies of the documents pertaining to the file containing all the notings, legal advice and all other documents pertaining to suspension vide officer order no. D/102/DDE/Admin/HQ/2014 dated 26 062014, of the applicant herein i.e. Sh. Sandeep Dabas. CPIO vide letter dated 24.09.2015 furnished that relevant file of the case is not with Edu. Deptt. (HQ) of North DMC. The appellant preferred first appeal. FAA vide order dated 03.11.2014 directed DDE(Admn) to transfer the RTI to the concerned department. Feeling aggrieved over noncompliance of FAO the appellant approached the Commission.
Relevant facts emerging during hearing:
During the hearing in this case, the Respondent was present while the appellant chose to remain absent. The Respondent has submitted that information sought lies in a file which is lying with the Vigilance Section. The Respondent further added that since she has assumed charge recently, and received the notice of this case only two days back, she could not trace the relevant file from the Administration section.
Decision:
After hearing parties and perusal of record, the Commission directs the CPIO/DDE to trace the relevant file from the Admin Section and provide inspection of the file, as sought by the appellant. The information as identified by the appellant, after inspection, may then be provided to him, in terms of the RTI Act, within a period of three weeks from today, under intimation to the Commission.
The appeals are disposed of accordingly.
(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 Officer under RTI First Appellate Authority under RTI Nodal Officer / Mpl. Secretary Office / HQ., Municipal Secretary / HQ., North Delhi Municipal Corporation, North Delhi Municipal Corporation, Municipal Secretary Office, Municipal Secretary Office, 4th Floor, A-Block, Dr. S.P.M. Civic Centre, 4th Floor, A-Block, Dr. S.P.M. Civic Centre, Minto Road, New Delhi-110002. Minto Road, New Delhi-110002.
Public Information Officer under RTI Shri Sandeep Dabas MA / Stg. / HQ., House No. - 135, North Delhi Municipal Corporation, Main Qutabgarh Road, Municipal Secretary Office, Village & P.O. - Ladpur, 4th Floor, A-Block, Dr. S.P.M. Civic Centre, Delhi-110081. Minto Road, New Delhi-110002. Public Information Officer under RTI First Appellate Authority under RTI Deputy Director of Education-Admn. / HQ., Director - Education / HQ., North Delhi Municipal Corporation, North Delhi Municipal Corporation, Education Department, Education Department,
E-Block, 15th Floor, Dr. S.P.M. Civic Centre, E-Block, 15th Floor, Dr. S.P.M. Civic Centre, Minto Road, New Delhi-110002. Minto Road, New Delhi-110002.
Public Information Officer under RTI Shri Sandeep Dabas Addl. Director-Education-(Co-Ord.) / HQ., C/o. Shri Mahinder Sharma, North Delhi Municipal Corporation, Shop No.-15, F-1 Block, 1st Floor, Education Department, Near Shagun Restaurant,
E-Block, 15th Floor, Dr. S.P.M. Civic Centre, Sultanpuri, Delhi-110086.
Minto Road, New Delhi-110002.
Public Information Officer under RTI First Appellate Authority under RTI Deputy Director of Education-Admn. / HQ., Director - Education / HQ., North Delhi Municipal Corporation, North Delhi Municipal Corporation, Education Department, Education Department,
E-Block, 15th Floor, Dr. S.P.M. Civic Centre, E-Block, 15th Floor, Dr. S.P.M. Civic Centre, Minto Road, New Delhi-110002. Minto Road, New Delhi-110002.
Public Information Officer under RTI Shri Sandeep Dabas Addl. Director-Education-(Co-Ord.) / HQ., C/o. Shri Mahinder Sharma, North Delhi Municipal Corporation, Shop No.-15, F-1 Block, 1st Floor, Education Department, Near Shagun Restaurant,
E-Block, 15th Floor, Dr. S.P.M. Civic Centre, Sultanpuri, Minto Road, New Delhi-110002. Delhi-110086.