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Decision No. CIC/SG/A/2011/001567/13691
Appeal No. CIC/SG/A/2011/001567
Relevant Facts
emerging from the Appeal
Appellant : Mr. Shish Pal
H.No. E-30, Vijay Vihar Ph-I
Near sector-V, Rohini
Delhi
Respondent : Mr. Salabh Kumar,
Public Information Officer & SE(SW)
Office of S.E.(SW)
Delhi Jal Board, Govt. of N.C.T. of Delhi,
Sector IV, R.K. Puram,
New Delhi
RTI application filed on : 18/03/2011
PIO replied : 13/04/2011
First appeal filed on : 04/05/2011
First Appellate Authority order : 23/05/2011
Complaint received on : 10/06/2011
Sl. Information sought by the appellant Reply of the PIO
1. Provide copies of all such recommendatory letters Various letters have been issued to
addressed to area Deputy Commissioner for issue of Deputy Commissioner for issue of
project Authority Certificates for the purpose of certificate for the purpose of availing
availing excise exemption certificates on pipes to be excise duty exemption on pipes to be
used in various water supply projects/works awarded to used in various water supply project.
M/s Sant Ram and M/s Vikas Chaudhary Const. Co. List given.
2. Whether issue of all such recommendatory letters by No.
concerned EEs was part of tender conditions and was it
a contractual obligation of DJB?
3. If answer to point 2 is yes, copies of relevant Not applicable.
documents, related to those particular tenders against
which such letters were issued establishing the stated
contractual obligations be provided.
4. If answer to point 2 is no why such recommendatory DJB recommends letter to Deputy
letters were issued? Commissioner on the request of
executing agency for exemption of
excise duty as per statutory notice
issued from concerned department.
5. If at all such benefits was provided to any firms, No, the contractors have written
whether the benefits has been passed to DJB by firms letters to the department that they
at any later stage? have considered excise duty
exemption while quoting their rates
in various works.
6. If no such benefits has been passed to the department Not applicable.
till date, when such benefit will be recovered by the
department and what action is being proposed for the
same?
Ground of the First Appeal:
Copies of letters sought in query 1 not provided. If waiver of excise duty is not a condition, why such
letters are issued, when no benefit accrues to the Government?
Order of the FAA:
The information is substantially supplied to the appellant and hence no further action is required.
Ground of the Second Appeal:
The correct, appropriate and relevant information is not provided by the PIO and not being satisfied
with the order of FAA appeal is filed.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Absent;
Respondent : Mr. Salabh Kumar, Public Information Officer & SE(SW);
The PIO has provided most of the information but has not provided copies of recommendation
letters sought by the Appellant in query-1 of the RTI application. The PIO is directed to provide copies
of the recommendation letter issued to M/s Vikas Chaudhary Construction Company.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant
before 30 July 2011.
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
27 July 2011
(In any correspondence on this decision, mention the complete decision number.) (SM)