Central Information Commission
Mrvijay Kumar Sharma vs Mcd, Gnct Delhi on 26 November, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/YA/A/2015/001094
Date of Hearing : 26.11.2015
Date of Interim Decision : 26.11.2015
Complainant/Appellant : Shri V.K.Sharma,
Delhi.
Respondent : South Delhi Municipal Corporation,
Delhi.
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from complaint/appeal:
RTI application filed on : 09.10.2014
PIO replied on : 08.12.2014 & 26.02.2015
First Appeal filed on : 01.12.2014
First Appellate Authority (FAA) order on : 14.01.2015
Complaint/ Second Appeal received on : 10.04.2015
Information sought:
The appellant sought information on 21 points relating to property No. DB 120E, Hari Nagar and other related information.
Relevant facts emerging during hearing:
None present. The appellant filed RTI application on 09.10.2014, seeking the above information. On not receiving any response from the PIO within the prescribed time period, appellant filed the first appeal. The FAA in his order directed the PIO to provide modified reply to the appellant. PIO in compliance of FAA's order, replied to the appellant vide letter dated 26.02.2015.
Interim Decision:
On perusal of record, the Commission notes that the appellant had sought information on the follow up action taken by the MCD on their submission before the Public Grievance Commission, Govt. of NCT, Delhi regarding two properties booked by them for unauthorised construction. He had also sought time for inspection of the few files/documents. The CPIO in his reply which was given after 50 days, furnished point wise reply to the appellant, the substance of which is that no further action had been taken with respect to these properties. The First Appellate Authority heard this case in the presence of the appellant and in a mechanical manner, adjudged the case stating that the reply given to the appellant by the PIO was not satisfactory and hence the PIO was directed to modify the reply. In pursuance of the order of FAA, the PIO reiterated his earlier reply that no action has been taken and no additional information is there on record.
The Commission notes with concern the non-chalant manner in which the RTI application has been treated by the respondents. The appellant raised his query on the statement furnished by the MCD to PGC that 2 properties in question were booked for unauthorised construction. The PGC, accordingly closed the case with the direction to SDMC to take further action. Since the case was concluded in the PGC, MCD did not bother to take further action. The appellant filed his application after 10 months of the order of PGC and the MCD merely stated that no action has been taken. CPIO in his reply also mentioned that under RTI query nothing more needs to be given w.r.t. when the course of action would be taken or completed.
It is shocking to see the CPIO's complete disregard to RTI query. First, if the matter relates to grievance, the issues is not addressed. When the matter is raised with the PGC, a statement is furnished but no action is taken. Secondly when the information is sought under RTI, it is stated that it cannot be grievance redressal platform. It is, therefore, clear that the MCD will only take action as per their whims and fancies The Commission directs the CPIO Shri A.K.Meena, Ex.Engg. (Bldg.)-I, West Zone, SDMC, to submit written submission to the Commission within three weeks of receipt of this order as to why the reply was sent late and what is the latest position of this case with the explanation for further action not being taken. A copy of the written submission may also be sent to the appellant and if the appellant has to respond anything on this issue, he may also submit the same to the Commission within 2 weeks of the receipt of respondent's submission. The Commission would then decide upon the matter or call for fresh hearing if necessary. A copy of this interim order is marked to Commissioner, SDMC to apprise him with the kind of replies being sent by the CPIO and also the kind of adjudication done by the FAAs of MCD. The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Public Information Officer under RTI First Appellate Authority under RTI Executive Engineer-(Bldg.)-I / West Zone, Superintending Engineer-I West Zone, South Delhi Municipal Corporation, South Delhi Municipal Corporation, Building Department-I, West Zone, West Zone, Zonal Office Building, Vishal Enclave, Rajouri Garden, Vishal Enclave, Rajouri Garden, New Delhi-110027. New Delhi-110027.
Public Information Officer under RTI Shri Vijay Kumar Sharma Assistant Engineer-(Bldg.)-I / West Zone, DB-120-B, G-8 Area, South Delhi Municipal Corporation, Hari Nagar, Building Department-I, West Zone, New Delhi-110064. Vishal Enclave, Rajouri Garden, New Delhi-110027.