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Decision No. CIC/SG/A/2009/000779/3509
Appeal No. CIC/SG/A/2009/000779
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Ashok Kumar Goel,
BN-65 (West), Shalimar Bash,
New Delhi-110088
Respondent : PIO, Office of the Secretary (RTI Cell),
Delhi Jal Board: Govt. of N.C.T of Delhi,
Varunalaya PH-II,
Karol Bagh, New Delhi-5
RTI application filed on : 01/10/2008
PIO replied : 31/12/2008
First appeal filed on : 21/01/2009
First Appellate Authority order : 05/03/2009
Second Appeal received on : 17/04/2009
Information sought:
Sl. Information Sought Reply of PIO
3(B) Documents required for fresh/new water The list of is as per enclosed
connection? copy.
3(D) Give information whether an approved property As approved property map
map from DDA or MCD is required for new/fresh for fresh/ new water
water connection? connection is generally
asked
3(G) Give the complete set of copy of documents As objected by Sh P.C.
submitted by Sh. Premchand Goel for new water Goel the copy of the
connection? documents submitted by
him can not be provided.
3(H) Does Sh. Prem Chand Goel has filed an approved As above.
map of second floor of property bearing no. BN-65,
second floor, (west) Paschimi Shalimar Bagh, New
Delhi, provide the copy of the approved map and
certificate of the approval of the same map from
DDA or MCD?
3(I). Provide name of officer which his designation who New Water Connection in
approved new connection of water supply in the the name of Sh. P. C. Goel
name of Sh. Prem Chand Goel at BN-65, second at BN-65(West) Shalimar
Floor, (West) Pashimi Shalimar Bagh, New Delhi? Bagh has been sanctioned
by Zonal Engineer-I
(NW)III
Grounds for first appeal:
The Appellant had following grounds:
i) Incomplete information against Point No. 3(B).
ii) Information against 3(D) is not clear.
iii) Incomplete information about Point no, 3(I)
iv) Information about point 3(G) and (H) has been denied by the PIO on the grounds of it
being 3rd party in nature.
Order of First Appellate Authority:
The FAA mentioned had mention in his order that clear information had provided against Point
No.3(B),3(D) and 3(I).
In respect of point no. 3(G) and 3(H), He upheld the orders of PIO as to information being 3rd
party in nature. The appeal was accordingly disposed off.
Grounds for Second Appeal:
1. The Appellant authority has passed order in surmise way without appreciating the facts
of the case and provision of law.
2. The Appellant has to say that information sought him are not third party information.
The Appellant had requested to pass an order/ direction to furnish the complete information.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Ashok Kumar Goel
Respondent: Dr. Bipin Behari, PIO
Some of the information has been denied by the PIO and the first appellant authority on grounds
of Section 8(1) (j) the Commission has ruled in the decision number
CIC/AT/A/2008/01262//SG/2109 dated 27/02/2009 that where an individual gives information in
the fulfillment of statutory requirement this information cannot fall under Section 8(1)(j) since
the information has been given in course of the public activity and disclosing this cannot be
considered as invasion of the privacy.
Decision:
The Appeal is allowed.
The complete information will be provided to the appellant before 10 June 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, 2005.
Shailesh Gandhi
Information Commissioner
1st June 2009
(In any correspondence on this decision, mentioned the complete decision number.)