Central Information Commission Judgements

Mr.Mohd. Farooque vs Mcd, Gnct Delhi on 26 April, 2010

Central Information Commission
Mr.Mohd. Farooque vs Mcd, Gnct Delhi on 26 April, 2010
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                                                           Decision No.CIC/SG/A/2010/000606/7570
                                                                 Appeal No. CIC/SG/A/2010/000606

Appellant                                        :        Mhd. Farooque
                                                          House No.-91, Gali No. 25,
                                                          Old Mustphabad, 25 Foota Road,
                                                          Delhi-110094

Respondent                                       :      Dr. J. S. Dagar
                                                        Deemed PIO & Veterinary Officer
                                                 Municipal Corporation of Delhi,
                                                 Shadara (North ) Zone
                                                 Near Keshav Chowk, Shahdra
                                                        Delhi

RTI application filed on                         :        08/12/2009
PIO replied                                      :        08/01/2010
First Appeal filed on                            :        20/01/2010
First Appellate Authority order                  :        10/02/2010
Second Appeal Received on                        :        04/03/2010
Notice of Hearing Sent on                        :        23/03/2010
Hearing Held on                                  :        26/04/2010

Appellant filed several RTI in this regard. The following information was sought by him vide the
RTI Application dated 08/12/2009:
 Sl.                Information Sought                                      PIO's Reply
 1.    Reasons for not making renewal of meat             License for selling meat of Buffalo had been
       license by Shakil after 31/02/2006. Provide        issued by the MCD to Shakil alias Pappu, H-91,
       photocopy of notice sent him by MCD to him         Gali No. 25, 25 Phoota Road, Old Mustafabad,
       in this regard. If notice not sent, then provide   Delhi-94, on 31/08/2001 that will be expired on
       reason thereof.                                    08/09/2009.
 2.    Whether any inspection was done. Inform            Photocopy enclosed.
       how much challan issued, if any
 3.    Legal action taken by MCD on license               Copy of order of director, Veterinary Services.
       renewed after 31/03/2006. Provide photocopy
       of action taken. If no action taken, then reason
       thereof.
 4.    Reason for allowing Shakil to sale meat even       Order of Status-Quoe is enclosed.
       after expires of license.
 5.    Reason for not sealing the Meat Shop after  After above decision, whenever an inspection
       31/03/2006.                                 was done the shop had been found closed. This
                                                   shop was found open on 07/12/2009 only. At that
                                                   time he had Status-Quo order of High Court.
 6.    How many have notices been issued to Shakil As above.
       after expiring his license.
 7.    Whether MCD allowed to sale meat on Gali After above decision, whenever an inspection
       no. 25, Old Mustfabad Delhi-94 after was done the shop had been found closed. This
          31/03/2006.                                 shop was found open on 07/12/2009 only. At that
                                                     time he had Status-Quo order of High Court
                                                     Delhi.
 8.      What was the statues mentioned about the His license has been canceled by MCD but this
         permission of MCD in file dated 23/11/2009. matter is under consideration of High Court
                                                     Delhi.
 9.      Whether status Quoe was made in knowledge Photocopy of Status-Quo order is enclosed.
         of MCD.
 10.     Question not completed.                     The challan was not issued to this shop after
                                                     14/10/2009 because shop was found closed
                                                     during inspection.

Grounds for First Appeal:
Correct information not provided.

Order of the First Appellate Authority:
"the main ground for appeal is dissatisfaction with information furnished by the PIO. The
information furnished was discussed in detail and it was noted that the same was in order.
Therefore, no direction is required to be issued in this particular case. "

Grounds for Second Appeal:
Written information was not provided.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mhd. Farooque;

Respondent: Dr. J. S. Dagar, Deemed PIO & Veterinary Officer;

The information has been provided by the PIO. However the PIO is directed to provide
copy of the file notings in this matter which have not been provided so far.

Decision:

The appeal is allowed.

The PIO is directed to provide the attested copies of all the file notings to the
Appellant before 05 May 2010.

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
26 April 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj