Central Information Commission
Amit Lawana vs South Delhi Municipal Corporation ... on 21 October, 2022
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीयसच
ू नाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/SDMCE/A/2021/150884-UM
Mr.Amit Lawana
....अपीलकताा/Appellant
VERSUS
बनाम
CPIO,
O/o The Executive Engineer,
Maintenance Department (M-III),
South Delhi Municipal Corporation,
Under BhishmaPitamah Flyover, South Zone,
Sewa Nagar, New Delhi - 110003
प्रद्वतवादीगण /Respondent
Date of Hearing : 13.10.2022
Date of Decision : 20.10.2022
Date of RTI application 22.09.2021
CPIO's response 27.09.2021
Date of the First Appeal 01.10.2021
First Appellate Authority's response 16.11.2021
Date of diarized receipt of Appeal by the Commission 26.11.2021
ORDER
FACTS The Appellant vide RTI application sought information, as under:-
Page 1 of 3The CPIO vide letter dated 27.09.2021, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated 16.11.2021, directed the PIO, EE (M)-III/SZ to provide the revised and correct information as sought by the Appellant.
Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Present in Person Respondent: Mr. Jitender Singh AE, Present in Person The Appellant while reiterating the contents of the RTI Application submitted that the said information has been sought as a person named Mr. Satish Kumar residing A-106, Devli Extension, New Delhi - 110080 in the neighbourhood of the Appellant has unauthorisedly placed angles and stairs in front of the Appellant's house. He alleged that whenever he and his other neighbours try to raise their voice against the violent and abusive activities of Mr. Satish Kumar, he files wrong complaints against the Appellant and other people misusing his power of being Sub Inspector in Central Intelligence Bureau. He alleged that Mr Satish Kumar's obnoxious behaviour has virtually terrorised the people in his neighbourhood and he needs to be restrained in the interest of peace and harmony. Plus, he charged that being from a schedule caste he was also Page 2 of 3 misusing the special provisions of the SC Laws to threaten & browbeat people. Further, the Appellant very politely raised the concern that he is not being heard anywhere for the illegal construction done in front of his property by Mr Satish Kumar and therefore he had no other option but to get the related details by filing an RTI Application.
The Respondent in reply said that the matter pertains to DSIIDC Delhi State Industrial and Infrastructure Development Corporation Ltd and not to MCD and therefore no information can be furnished by them.
DECISION:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the CPIO to transfer and collect the information from the concerned authority and furnish a complete, point wise information to the Appellant, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 30 days from the receipt of this order under the intimation to the Commission.
Further the Commission advises Mr Tapan Deka, Director, IB, to look into the matter on the basis of the submission made by the Appellant during the hearing about alleged misuse of official power by Mr. Satish Kumar, Sub Inspector IB, and take appropriate action in larger public interest.
The Appeal stands disposed accordingly.
(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 द्वदनांक / Date: 20.10.2022 Page 3 of 3