Central Information Commission
Mr.Sachin Sapra vs Mcd, Gnct Delhi on 26 July, 2013
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/SG/A/2012/001293/DS
Appellant /Complainant : Shri Sachin Sapra, Delhi
Public Authority : South Delhi Municipal
Corporation, Delhi
( Shri S.K. Bhatia, AE(B), Sh. Naveen
Verma, CE)
Date of Hearing : 26 July 2013
Date of Decision : 26 July 2013
Facts:
1. In pursuance of show cause notice issued vide Commission's order no. CIC/SG/A/2012/001293/19225 dated 12 June 2012, matter was heard today. Former CPIO Shri Naveen Verma appeared before the Commission and stated that the RTI application dated 17 January 2012 originally was received by the then CPIO Shri Navrang Singh who forwarded the same to the holder of information namely, Shri Ashish Sharma, EE(B) - I/WZ on 18 January 2012. However as per record it appears that no information was received from the deemed CPIO. Meanwhile the then CPIO Shri Singh was transferred out and Shri Verma took over as SE - I/WZ on 2 March 2012.
2. Meanwhile the applicant filed appeal dated 19 March 2012 before the CIC who remanded the matter back to the first appellate authority. Subsequently information was provided by the deemed CPIO EE (B) - I/WZ Shri Ashish Sharma vide letter dated 20 April 2012 and the same was received on 23 April 2012 by the CPIO who in turn provided the requested information to the appellant on 24 April 2012. In his written reply Shri Adjunct Appeal: No. CIC/SG/A/2012/001293/DS Naveen Verma has stated that the RTI application remained pending with Shri Ashish Sharma, EE (B) - I/WZ from 31 January 2012 up to 20 April 2012. (That in fact the information was not held by him)
3. It was further submitted that the first appellate authority vide his order dated 23 May 2012 ruled that the requested information was held by Maintenance branch and also by Town Planning Department and directed the CPIO to transfer the RTI application within 15 days to them. Accordingly the RTI application was transferred to the Town Planning Department on 28 May 2012 by the then CPIO. Shri Verma also stated that he was not the custodian of the record and to provide the requisite information he had to depend on the executive engineers concerned who were also the deemed CPIOs and also the holder of information.
4. It is noted from the aforementioned averments of Shri Naveen Verma that finally the information was furnished by EE (M) I on 6 June 2012 that the requested information was not held by him. As regards the CPIO (TP), it was stated that they had provided information held by them to the appellant vide letter dated 15 June 2012 and 29 June 2012. A perusal of letter dated 29 June 2012 shows that the Town Planning Department does not hold the survey reports as the survey of roads to be notified was conducted by the zonal office and therefore the information was held by the CPIO SE - I, West zone. The appellant was provided with a copy of the resolution no 55 dated 4 June 2012.
Decision notice
5. It is noted from the above that to date, the appellant has not been provided with a copy of the survey reports that Adjunct Appeal: No. CIC/SG/A/2012/001293/DS were prepared by the officers/engineers of the West Zone, as each department/wing of the Corporation is passing on the buck on to next Department. It is incomprehensible that a major policy decision was arrived at pertaining to re notification of internal roads in a prominent residential colony of Delhi namely Rajouri Garden in 2007 when computerization of records had become the norm. The plea taken by the public authority is that the Maintenance Department who undertook the survey passed on all the records pertaining to the survey to the town Planning Department without retaining even a photocopy and the receiving Department states that they had never received the copies of the survey reports from the M
- I Department, West Zone.
6. As holder of information i.e., Shri Ashish Sharma, EE(B) I/WZ delayed in providing information to the appellant (4 months delay) Show cause notice is issued to him to explain as to why penalty shall not be imposed upon him u/s 20(1) of the RTI Act, 2005.
7. Shri Ashish Sharma, EE(B)I/WZ is required to give a written submission to the Commission within three weeks of the receipt of the order of Commission. He is directed to appear on 27.9.2013 at 2.45 PM.
8. As per normal office procedure, a composite office note is put up on file before the competent authority for obtaining approval on important policy matters. Undoubtedly the subject matter of the RTI application reflects a significant change in policy on an important matter which impacts on the lives and civic conditions of large number of citizens residing in Rajouri Garden which is one of the premier residential colonies of the Capital. The matter is also fairly recent and Adjunct Appeal: No. CIC/SG/A/2012/001293/DS Commission cannot accept any argument that takes support of plea of loss of documents. Commission refers this matter to the Deputy Commissioner, Rajouri Garden New Delhi as an important matter concerning this colony would have most certainly passed through the office of the concerned Deputy Commissioner where record of movement would be maintained and also perhaps the original file itself with directions to ascertain the movement of this file. The CPIO/office of Commissioner, North Delhi Municipal Corporation is also directed to put in serious efforts to locate the file in which approval of competent authority was taken for this important policy matter. A copy of the RTI application is enclosed for ready reference regarding the subject matter etc.
9. CPIO/EE(BI)/WZ, Rajouri Gardaen will provide information regarding dispatch of Survey Reports to TP Dept. to the appellant and also bring the documents holding this information before the Commission on the next date.
10. Commission will review the progress in the matter on 27.9.2013 at 2.45 PM.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Sachin Sapra F18 B Rajouri Gardaen Adjunct Appeal: No. CIC/SG/A/2012/001293/DS New Delhi110027
2. The CPIO Superintending Engineer(West Zone)I/WZ South Delhi Municipal Corporation West Zone, Zonal Office Bldg., Vishal Enclave, Rajouri Garden, New Delhi110027
3. The CPIO South Delhi Municipal Corporation West Zone, Zonal Office Building, Vishal Enclave , Rajouri Garden New Delhi110027
4. Dy. Commissioner/West Zone South Delhi Municipal Corporation West Zone, Zonal Office Bldg., Vishal Enclave, Rajouri Garden, New Delhi110027
5. The CPIO O/o the Commissioner South Delhi Municipal Corporation Dr. S.P.M. Civic Centre, Minto Road New Delhi110002 Adjunct Appeal: No. CIC/SG/A/2012/001293/DS