Central Information Commission
Nagendra Upadhyay vs Delhi Jal Board on 11 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DELJB/C/2023/148145
Nagendra Upadhyay ....िशकायतकता /Complainant
VERSUS
बनाम
PIO,
Delhi Jal Board,
Office of the Executive Engineer
(T)-2/PIO, 2142, Janta Flats,
GTB Enclave, Delhi - 110093 .... ितवादीगण /Respondent
Date of Hearing : 03.04.2025
Date of Decision : 09.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 14.08.2023
CPIO replied on : 18.09.2023
First appeal filed on : 29.09.2023
First Appellate Authority's order : 26.10.2023
2nd Appeal/Complaint dated : 15.12.2023
Information sought:
The Complainant filed an RTI application (offline) dated 14.08.2023 seeking the following information:
"With reference to the above citsed subject, it is to submit that I am Consumer of Delhi Jal Board vide KNO. 4757930000 and due to the whimsical action of the Delhi Jal Board, I am being harassed mentally and financially and as such, to expose the wrong action of the Delhi Jal Board, I want to seek following information under RTI Act, 2005.Page 1 of 5
1. Attested copy of the so-called Technical Wing Report regarding so called Sewer Connection to my residence, as referred to by Sh. Mayank Ahuja, Supervisor/M.I., C/o ZRO, NE-1, GTB Enclave, Delhi in his letter dated 14.07.2023 vide Form No. 22, S. No. 92003.
2. Attested copy of the qualifications of all the officials of so-called Technical Wing of your good office who are involved in furnishing the so- called report.
3. Attested copy of the Rules of DJB for Sewer connection to a citizen wherein, without his request for Sewer Connection and without availing services of Sewer, the so-called Technical Wing assumes the existence of the so- called Sewer Connection at the residence of a water consumer.
4. Attested copy of any advance Notice duly served upon the consumer before imposing the Sewerage Charge to the consumer i.e., myself.
5. Attested copy of the guidelines of DJB for the Meter Reader to obtain Meter Readings monthly or as per his/her whims and fancies in order to harass the consumer by imposing heavy bill without any justification.
6. Attested copy of the formula wherein the consumption units of water supply are converted to a Kilo Liter (KL).
7. Attested copy of any Action Taken Report against the Meter Reader for violation of the guidelines of Meter Reading since, due to his negligence, the heavy burden of bills for two or three months is imposed upon the consumer."
The CPIO furnished a reply to the complainant on 18.09.2023 stating as under:
"Please refer to your RTI application I.D/Ack. No. 35 dated 17/8/23 under Right to Information Act-2005.
1. The requisite information, as supplied by the concerned APIO's under jurisdiction is enclosed herewith.
Encl. dated 17/8/23-31/8/2023 is as under:
1 Attested copy of technical wing report is enclosed. The required report of qualification is not available in this office. 3 Sewer line existed in your residence/area, as per report of technical wing.
4 Attested copy of Notice is enclosed.
5 As per DJB rule, Total 6 round of billing In one year in every two months.
6 Please check Delhi Jal Board website.
7 Meter reader is work as per Delhi Jal Board rule."Page 2 of 5
Being dissatisfied, the complainant filed a First Appeal dated 29.09.2023. The FAA vide its order dated 26.10.2023, held as under.
"In the hearing held with Sh. Nagendra upadhyay, The appellant submitted that he is not satisfied with the information/reply given by PIO/ZRO. PIO is hereby directed to provide available relevant information to the appellant within 15 days from the date of issue of this order as per RTI Act 2005."
In compliance of FAA's order the PIO furnished a revised reply dated 09.11.2023 to the complainant as under:
"1 Attested copy already given to applicant.
2 The required report of qualification is not available in this office. 3 Sewer line exist in your residence /area as per report technical wing. But copy of rules in this connection is not available in this office. 4 Attested copy already given to applicant.
5 As per DJB rule total 6 round of billing cycle in one year in every two months.
6 In respect this question it is inform you that 1 K. Ltr= 1000 Ltrs. 7 The previous meter reader at that time was transferred from this office."
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present in person.
Respondent: Shri Kamal Jetley, PIO-cum-ZRO, attended the hearing in person.
The Complainant stated that the information provided by the Respondent on point No. 1 of the RTI Application is incomplete as the Respondent has not provided the copy of the notification. He added that against point No. 2 of the RTI Application, the Respondent has not provided qualification as given the Recruitment Rule and in respect of point No. 3 of the RTI Application, copy of the relevant Rule/Notification has not been provided to him. He further pleaded for imposition of penalty under Section 20 of the RTI Act on the Respondent.Page 3 of 5
The Respondent submitted that their office has received the RTI Application on 17.08.2023 and provided a reply to the Complainant on 18.09.2023 (Monday).
He further volunteered to provide the remaining information in respect of point No. 1, 2 and 3 of the RTI Application as sought by the Complainant during the hearing.
Decision The Commission observed that the present complaint was filed under Section 18 of the RTI Act, 2005 where the Commission was only required to ascertain if the information has been denied with a mala fide intent or due to an unreasonable cause or under any other clause of Section 18 of RTI Act. In this regard, the Commission relies on one judgment of Hon'ble Supreme Court in "Chief Information Commissioner & Anr. Vs. State of Manipur & Anr." bearing CIVIL APPEAL NOs.10787-10788 OF 2011 decided on 12.12.2011 has held as under:-
"Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section 19. This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by following the aforesaid statutory provisions. The contention of the appellant that information can be accessed through Section 18 is contrary to the express provision of Section 19 of the Act. It is well known when a procedure is laid down statutorily and there is no challenge to the said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision. It is a time honoured principle as early as from the decision in Taylor v. Taylor [(1876) 1 Ch. D. 426] that where statute provides for something to be done in a particular manner it can be done in that manner alone and all other modes of performance are necessarily forbidden."
The above ratio is applicable to this case as well. During the hearing, the present PIO, has assured the bench that he will provide a revised reply to the Complainant by furnishing the remaining information in respect of point No. 1, 2 and 3 of the RTI Application, no mala fide on the part of the present PIO is Page 4 of 5 established, and no cause of action under the provisions of Section 20 (1) of the RTI Act, 2005, is warranted in the instant complaint. However, the present PIO is advised to fulfil his commitment made during the hearing.
The Complaint is dismissed accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Delhi Jal Board, Office of the FAA, 2142, Janta Flats, GTB Enclave, Delhi - 110093 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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