Central Information Commission
Mr. Satya Prakash Bagaria vs Municipal Corporation Of Delhi on 6 October, 2009
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/001979/5031
Appeal No. CIC/SG/A/2009/001979
Relevant Facts emerging from the Appeal:
Appellant : Mr. Satya Prakash Bagaria
C-110B, Lower Ground Floor,
Kalkaji, New Delhi - 110019.
Respondent : Mr. S.C.Yadav
APIO & Executive Engineer Municipal Corporation of Delhi O/o the Executive Engineer (M)-I Central Zone, Lajpat Nagar, New Delhi.
RTI application filed on : 20/12/2008 PIO replied : 16/04/2009 First appeal filed on : 01/06/2009 First Appellate Authority order : 17/06/2009 Second Appeal received on : 13/08/2009
Note: A complaint bearing no. CIC/SG/C/2009/000182 had also been registered which was related to the same matter.
The Appellant has sought following information regarding his payment of security amount by MCD related to work of laying of telecom ducts which was given to his company by Tata Teleservices Ltd.
S.No. Information Sought Reply of the PIO
A. Reason for non refund of security The question was in the form of query.
deposit.
B. Reason for harassment of the As above.
Appellant.
C. Details of proposed actions which As above.
was to be taken by MCD against its
errant officials with date.
D. Request to fix date and time to The Appellant requested to contact the
refund the security amount with office any working day between 4.00 interests thereon from the date of p.m. to 5.00 to sort out the issue. The request for refund of the same was office address for the had been given i.e made. O/o Ex. Engineer (M)-I, Municipal Corporation of Delhi, Arjun Marg, Defence Colony, New Delhi - 110024.
E. Name and designation posts of all The refund of Bank guarantee deposited the MCD employees who were was dealt by the concerned J.E./A.E. of responsible and accountable in the the area. matter of the refund of the security deposit.
First Appeal:
No-receipt of complete information from the PIO. Order of the FAA:
The FAA in its order directed the PIO to give the information related query no. (D) of the RTI Application within one month from the issue of the order.
Ground of the Second Appeal:
Evasive and misleading information received after the order of the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Satya Prakash Bagaria;
Respondent: Mr. S.C.Yadav, APIO & Executive Engineer (Central Zone); The PIO states that the file relating to this matter has been stolen/lost and hence he is unable to give any information. The Appellant has given a Demand Draft of Rs.98,175/- to MCD out of which Rs. 46,750/- was given as security deposit, which should have been refunded. The Appellant has not been refunded this amount and has sought information about the refund of this deposit. The PIO claims that the entire file and the draft of Rs.98,175/- appears to have been stolen/lost. Therefore MCD is not refunding Rs.46,750/- to the Appellant. The Commission directs the PIO to file a Police Complaint for theft/lost of the said file with the Demand Draft mentioning the names of the officers who handled the file before 20 October 2009. The PIO will also obtain a certificate from Additional Commissioner Engineering certifying that this file with the draft has been stolen/lost. The PIO will also obtain a statement about this from the JE/AE. The PIO will also certify that the draft has not been enchased by the MCD.
The receipt for the payment of RTI Fee was made in the name of Mr. Shyam Bhatnagar, C-108, Kalkaji, New Delhi. The PIO shows that a reply by speed post was sent on 27/01/2009 on this address. Hence the reply was ultimately given after the filling of the complaint with the Commission. In view of this no penal proceedings are initiated.
Decision:
The Appeal is allowed.
The PIO will give the information consisting of the Police Complaint, Statement of JE/AE and a certificate from the Additional Commissioner Engineering as described above to the Appellant and the Commission before 25 October 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 06 October 2009 (In any correspondence on this decision, mention the complete decision number.)(GJ)