Central Information Commission
Mrpawan Kumar vs Transport Department Of Gnct Delhi on 27 November, 2014
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
(1)File No.CIC/SA/A/2014/000448
(2)File No.CIC/SA/A/2014/000449
(3)File No.CIC/SA/A/2014/000450
Appellant : Shri Pawan Kumar Verma
Respondent : Transport Department, GNCTD
Date of hearing : 17112014
Date of decision : 27112014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the RTI
Act
Result : Appeal allowed/
Disposed of
The appellant is present. The Public Authority is represented by Mr. Praveen Desai
and Mr. Nand Gopal, MLO, South, Transport Department, GNCTD, Delhi.
2. The appellant has filed the above three appeals against the same Public Authority
and hence they are heard together today.
FACTS:
File No.CIC/SA/A/2014/000448 (CIC/SA/2014/000448 &449 &450) Page 1
3. Appellant through his RTI application has sought information with respect to 4,233 licenses regarding their names, father names, date of birth and cateogary. Having recieved no information within the prescribed period, the appellant preferred First Appeal on 2002 2013. FAA by his Order dated 24052013 directed the PIO to furnish the information within 15 days. Claiming nonfurnishing of the information, the appellant has approached the Commission in Second Appeal.
File No.CIC/SA/A/2014/000449
4. Appellant through his RTI application dated 27032012 had sought information on 2 Points Viz i) ATR on the complainant dated 03012012 and 27122011 on the complaint regarding 'Driving Prateek Institute and Research' ii) ATR on the complainant dated 1203 2012 on the subject "for revoking the administrative Order of Driving Prateek Institute and Research. Having recieved no information within the prescribed period, the appellant preferred First Appeal on 01052012. FAA by his Order dated 20062012 directed the PIO(Operations) to provide action taken report on his representation within 30 days. Claiming nonfurnishing of the information, the appellant has approached the Commission in Second Appeal.
File No.CIC/SA/A/2014/000450
5. Appellant through his RTI application dated 10042012 had sought for information on 4 Points Viz i) Please provide the printed record of license numbers as given a...z ii) Please provide photocopy of daily summary report submitted by HCL Staff to MLO, Ashok Vihar of that time (July 2007) iii) Please provide photocopy of daily entry register of commercial Driving License renewal. Endorsement & Duplicate NW I of that time (July 2007) etc. Having recieved no information within the prescribed period, the appellant (CIC/SA/2014/000448 &449 &450) Page 2 preferred First Appeal on 09052012. Claiming nonfurnishing of the information, the appellant has approached the Commission in Second Appeal.
Decision:
6. Both the parties made their submissions.
File No.CIC/SA/A/2014/000448 & File No.CIC/SA/A/2014/000450
7. The respondent officers represented that the appellant is a owner of a driving school and the licence details he is seeking, are pertained to the other driving schools. They also claimed that there was no public interest in his RTI applications, all these details are available in the official website, and by feeding the license number, anybody can get the details of the licence holder.
8. The appellant Mr. Pawan Kumar Verma admitted that he is the owner of an Institute at Model town which teaches driving to the students, but claimed it is an NGO and at the same time, he is also an RTI activist seeking information in public interest. His institute collects the fees for teaching driving. He alleged that the respondent authority is misleading the public by stating that the information is available in the official website, as the said software is of Sarthy Software while only HCL software is dependable, because the Sarthy Software gives different names for the same licence holder. He also submitted that his motive behind the present RTI application is only public interest, as the respondents are issuing licences to unworthy people, who are not trained under Central Motor Vehicles Rules, 1989, by taking bribes from them and the lives of public on the roads, are endangered, when these licence holders drive the vehicles on the road. He wants to file a PIL before the High Court after getting all these details. The appellant also submitted that around 11,500 licences for Heavy (CIC/SA/2014/000448 &449 &450) Page 3 Motor Vehicles were issued by taking bribes at the rate of Rs.50,000/ per licence holder. He should be supplied the details asked for at free of cost, as the PIOs have not complied the same within the mandatory period prescribed under the RTI Act. The PIO of South Zone has already supplied the details. The Commission, therefore, directs the Public Authority/PIOs of other zones, Transport Department to furnish to the appellant HCL details of all the licence holders mentioned by him in his RTI application free of cost, within 15 days from the date of receipt of this order. If the issuance of licence is based on another licence, the details of those licences shall be also provided to the appellant along with the above information within the prescribed period. The above two appeals are disposed of. File No.CIC/SA/A/2014/000449
9. The respondent authority submitted that the complaint given by the appellant against a driving school, is under investigation and not yet completed. The Commission, therefore, directs the respondent authority to supply a copy of the inquiry report along with the action taken, to the appellant, within 7days after the inquiry is completed. If, as a result of the investigation, action is taken against the delinquent Driving school, the same should be uploaded on the website, so that the public are not misled. The appeal is disposed of.
10. The Commission further directs the Public Authority to upload all the RTI questions along with their responses, orders in first and second appeals, etc. into their official website/public domain as per the DOPT order No. 1/1/2013IR dated 21102014.
(CIC/SA/2014/000448 &449 &450) Page 4
(M. Sridhar Acharyulu)
Information Commissioner
Authenticated true copy
(Babu Lal)
Deputy Registrar
Address of the parties:
1. The CPIO under RTI, Govt. of NCT of Delhi
Transport Department, 5/9, Under Hill Road,
Delhi
2. Shri Pawan Kumar Verma, M4/27,
Opposite Park, Third Floor, Model TownIII
New Delhi110009
(CIC/SA/2014/000448 &449 &450) Page 5