Central Information Commission
Mr.Harish Gola vs Government Of Nct Of Delhi on 2 April, 2013
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/002008
Date of Hearing : April 2, 2013
Date of Decision : April 2, 2013
Parties:
Applicant
Shri Harish Gola
House No.174
Pocket A/3
Sector 5
Rohini
Delhi 110 085
The Applicant was present during the hearing. However, he did not marked his attendance.
Respondents
Lt. Governor's Secretariat
O/o OSD to Lt. Governor
Raj Niwas
Delhi 110 054
Represented by : Shri Vishwendra, PIO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/002008
ORDER
Background
1. The decision of the Commission in the order in case No.CIC/AD/A/2012/000001 dt.6.2.12 is as given below:
2. The Respondents submitted during the hearing that the Appellant's file is at present awaiting the LG's approval and that the delay is due to the fact that a policy decision has to be taken by the LG in respect of some common issues contained in a number of cases such as that of the Appellant and that all such files are lying with the LG since 2010.
3. The Commission having noted that the file is lying for more than year with the LG for his approval recommends strongly that the PIO in the LG's office bring the matter to the attention of the LG so that a decision is taken at the earliest and conveyed to the Appellant, preferably by end April, 2012. As far as the reply to the RTI application in the instant case is concerned, it is held that the factual position has been conveyed to the Appellant and that no further information is available for disclosure. .
2. The Commission received a complaint dt.25.5.12 from the Complainant stating that the decision of the CIC has not been complied with.
Decision
3. During the hearing, after perusing the submissions on record, it was noted that the complaint that the Commission's order has not been complied with is not justified. It was pointed out to the Complainant by the Commission that as far as information is concerned with respect to the instant RTI application, it was already decided that the available information has been provided and that in its decision, the Commission had only recommended that the Complainant's file be brought to the notice of the LG so that a decision can be taken by the LG at the earliest and conveyed to the Complainant, preferably by end April 2012.
4. Be that as it may, the Commission takes on record the Respondent's submission during the hearing. The Respondent stated that the said file was put up to the Special Secretary in charge of DDA who continued to follow up the matter for a while. However, there was a delay in putting up the file before the LG by the SS since the earlier SS was transferred. It was only after the new Special Secretary took over charge that the file was finally put up to the LG who after considering the facts of the case, decided as follows:
I have seen the submission on file. DDA may reexamine the file about the policy on unearned increase is finalized
5. According to the Respondent, once the LG had given the decision, the file was sent back to DDA to frame the required policy since the matter did not pertain only to the Appellant but to a large number of other people who were also affected. The Respondent further stated that it is now up to DDA to formulate the policy.
6. The Commission holds that the Commission's directions have been completed complied with and that no further information is available for disclosure and accordingly directs that the case be closed at the Commission's end.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G. Subramanian) Deputy Registrar Cc
1. Shri Harish Gola House No.174 Pocket A/3 Sector 5 Rohini Delhi 110 085
2. The Public Information Officer Lt. Governor's Secretariat O/o OSD to Lt. Governor Raj Niwas Delhi 110 054
3. Officer in charge, NIC