Central Information Commission
Gita Dewan Verma vs Govt. Of Nct Delhi on 14 November, 2008
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor, Block IV,
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Decision No. CIC/WB/A/2007/00830/SG/Interim
Appeal No. CIC/WB/A/2007/00830
Relevant Facts emerging from the Appeal
Appellant : Gita Dewan Verma
1356 D-I, Vasant Kunj,
New Delhi-110070
Respondent : Additional Secretary (UD)
Govt. of NCT Delhi 10th Level, Delhi Sachivalaya, I.P.Estate, New Delhi-110002 RTI filed on : 23/04/2007 PIO replied : 03/05/2007 First appeal filed on : 04/06/2007 First Appellate Authority order : 16/07/2007 Second Appeal filed on : 25/07/2007 Detail of information required:
Information Sought. The PIO replied. The First Appellate Authority replied:
1. Copy on CD of Delhi Govt's CDP, along The CDP is also available on the website of this " After going through with authentication letter and authorization Department; hence, it is not advisable for private the records of the case for private publication. publication. The copy of CDP may be obtained and appeal of the after depositing the prescribed fee. appellant, I am of the opinion that nothing more could have been provided to the appellant than what has already been informed to appellant vide latte dated22/06/2007 In view of the above, Appeal stands disposed off.
2. For each of the 102 individuals name in Is regarding inviting individuals for consultation "List of Individuals invited for CDP workshop was organized by M/s IL&FS workshop" at Annexure - 15.3 of the CDP, Ecosmart Limited as a part of the preparation of information related to decision to invite CDP. The firm was free to select the individuals (including decision to prefer over others for the workshop. It may be one of the reasons similarly qualified/ experienced / situated). for not inviting you that the firm was unknown about you.
3. For each of those besides IL&FS who As Point 2 responded to CDP tender dt. 23/02/06 information relating to decision to involve / not involve in the consultation process described in Chapter 15 of CDP. (I specifically request full information relating to decision not to invite me. Text of my response to CDP tender is in Box below).
4. List of all others named in the list of 102 As point 2&3 invitees at Annexure- 15.3 besides Centre for Civil society (Whose Director is named at no. 65) who have given copies of CDP with and without publication authorizations.
5. Particulars ( date, number, from, to , Particulars/copies of the following are enclosed subject) / copies of the following: herewith:
a) Letter commissioning CDP to IL&FS a, b,c,d,e,. Ecosmart Limited.
b) Letter by which IL&FS submitted final CDP to Urban Devpt. Deptt.
c) Letter /OM by which Deptt submitted the CDP for State Govt. approval.
d) resolution/OM by which State Govt. approved the CDP.
e) Letter by which State Govt submitted the CDP to GOI
6. Particulars of official publication of CDP. The CDP Delhi is available on the website of this Department at www.delhigovt.nic.in/dept/ud/index.asp.
Hence, the applicant may be given information after depositing the fee as per rules.
Relevant Facts emerging during Hearing:
The following were present Appellant: Gita Dewan Verma Respondent: Mr.Hansraj representing PIO Mr. S.K. Saxena and Mr. Manoj Kumar The first hearing was held on 5th November, 2008, when considering the points raised by the appellant it was decided to adjourned the hearing to 14th November, 2008 at 2.00PM.
On 14th November, 2008 the following persons were present:
Appellant: Gita Dewan Verma Respondent: Mr.Hansraj representing PIO Mr. S.K. Saxena and Mr. Manoj Kumar The key issues identified in the appellants second appeal on page 3 are as follows:
(a) Does the agreement between GNCTD and CDP Consultant come under S.8(1)(d) or could it have been given with the Work Order (based on / in continuation of the Agreement) for complete reply to my request no. 5a ('Letter commissioning CDP to IL&FS Ecosmart Ltd.") ?
= The Commission asked the respondent to justify our Section 8(1)(d) would apply to the agreement between GNCTD & CDP Consultants. The respondent stated that agreements are matters where commercial information of the Consultant is shared. The Commission asked the respondent to give a note giving its arguments in support of using this exemption. The Commission did not see this exemption as very obvious as made out by the respondent. Besides the respondent has not given any reasoning as to how Section 8(1)(d) applies in this case.
(b) Do CDP Consultant submissions for various stages of payment come under S.8(1)(d) or could copies/particulars have been given in reply to my request no.5b ('Letter by which IL&FS submitted final CDP') ?
= The appellant seeks to know if there were covering letters attached to various submissions. The Commission is asked the PIO to supply the covering letters accompanied with any of the submissions. In case there are no covering letters with some of the submissions this will be stated categorically.
(c) Does information about 'State Level Steering Committee' and its procedures (whereby notice for its meeting is channel of submission and its 'endorsement' in unconfirmed minutes is approval) come under S.4(1)(b) and should it have been given for complete reply to my request nos.5c, d&e (records of submission and approval of CDP) = The PIO has been asked to give the information to the appellant whether there is any written procedure for the State Level Steering Committee. If there is no such procedure the PIO will state this clearly.
(d) Was GNCTD obliged to obtain under S.2(f) and supply on my requests nos.2 & 3 information "for each of" who were consulted or submitted EOI/myself rather than general remarks about all, as given.?
= The PIO has been asked to send the letter to IL&FS asking if there was any written down criteria by which participants were selected or rejected for the work shop and provide the answer to the appellant.
(e) Is supply of CDP on CD "subject to condition" of no publication (to me) same "without publication authorization" (to Centre for Civil Society, on website of which CDP is published and which has also distributed further copies on CD) and, if CDP copyright "is with the Government", ought copy on CD to have been refused (to all) under Section 8(1)(d)?
= The appellant's query insisting that the PIO must give a reply authorising her to publish the CD given to her can not be considered as a request for information as defined under the Act. The appellant is actually seeking a decision from the PIO and the way she has worded it can not be construed as seeking information under the Act.
The PIO has been asked to send the answers to a,b,c& d to the appellant with a copy marked to the Commission by 30th November, 2008. The appellant may send the rejoinder to the Commission and to the Respondent by 10th December, 2008. After this matter will be decided finally by the Commission.
Notice of this be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 14 November, 2008