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Central Information Commission

R N Kaushik vs Public Works Department Delhi on 31 January, 2023

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                      के न्द्रीयसच
                                                 ू नाआयोग
                          Central Information Commission
                                    बाबागगं नाथमागग,मुननरका
                           Baba Gangnath Marg, Munirka
                            नईनिल्ली, New Delhi - 110067

द्वितीयअपीलसख्ं या / Second Appeal No.:- CIC/PWDDL/A/2022/128571-UM

Mr. R N Kaushik

                                                                      ....अपीलकताा/Appellant
                                        VERSUS
                                          बनाम
CPIO,
1. The PIO/Nodal Officer(RTI Cell)
O/o THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPTT.,
MAINTAINANCE DIVISION NWR-I,
MUKARBA CHOWK, G.T. KARNAL
ROAD, DELHI - 110033

2. The PIO/Nodal Officer(RTI Cell)
NORTH DELHI MUNICIPAL
CORPORATION HQ, Dr. Shyama
Prasad Mukherjee Civic Centre,
Minto Road, New Delhi110002

                                                                  ....प्रद्वतवादीगण /Respondent
Date of Hearing     :            25.01.2023
Date of Decision    :            31.01.2023

Date of RTI application                                               17-05-2021
CPIO's response                                                       31-08-2021
Date of the First Appeal                                              13-09-2021
First Appellate Authority's response                                  28-09-2021
Date of diarized receipt of Appeal by the Commission                  16-06-2022

                                       ORDER

FACTS The Appellant vide his RTI application sought information on following points:

The CPIO vide letter dated 31-08-2021, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant approached the FAA. The FAA vide order dated 28-09-2021 directed the CPIO to furnish information to the appellant. Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: The appellant attended the hearing in person. Respondent: The respondent Shri Harpinder Singh, EE/PIO, SHri S.K. Singal, AE (B), Shri O.P. Meena AE(P), SE-I, and Shri Arihant, JE (M-II) attended the hearing in person.

The Appellant reiterated the contents of the RTI application and submitted that no information was furnished to him by the CPIO. The appellant further stated that the Departments are tossing the RTI amongst each other although information should be available with the parental department MCD (Maintenance). The Respondent present during the hearing submitted that a suitable response in accordance with the provisions of the RTI Act, 2005, had already been furnished to the Appellant. The respondent further stated that the said road was handed over to PWD for maintenance in the year 2012.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties and after perusal of the documents available on record, the Commission observes that the information sought by the appellant is in larger public interest. Therefore, the Commission directs the CPIO (Maintenance), MCD and CPIO (Maintenance), PWD to furnish correct and complete information to the Appellant, free of cost, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the date of receipt of this order under the intimation to the Commission.

The Appeal stands disposed of accordingly.

(Uday Mahurkar) (उदय माहूरकर) (Information Commissioner) (सच ू ना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 द्वदनांक / Date: 31.01.2023 GS Page 3 of 4 Copy to:-

The CPIO (Maintenance), PWD Hqrs, Indraprashta Marg, near Ram Charan Aggarwal Chowk, Opp. ITO, Vikram Nagar, New Delhi - 110002 Page 4 of 4