Central Information Commission Judgements

Mr. Omkar Nath Kapoor vs Municipal Corporation Of Delhi on 3 February, 2010

Central Information Commission
Mr. Omkar Nath Kapoor vs Municipal Corporation Of Delhi on 3 February, 2010
                  CENTRAL INFORMATION COMMISSION
                   Club Building, Opposite Ber Sarai Market,
                     Old JNU Campus, New Delhi - 110067.
                             Tel: +91-11-26161796

                                                 Decision No.CIC/SG/A/2009/003181/6673
                                                       Appeal No. CIC/SG/A/2009/003181

Appellant                                   : Mr. Omkar Nath Kapoor,
                                              10061,Gali Zameer Wali,
                                              Nawab Ganj Pul Bangash,
                                              New Delhi - 110006

Respondent                                  : Mr. Rajendra Prasad
                                             Public Information Officer & SE,
                                             Municipal Corporation of Delhi
                                             16, Rajpura Road, Civil Lines Zone,
                                             New Delhi

RTI application filed on                      : 13/07/2009
PIO replied                                   : 09/09/2009
First Appeal filed on                         : 28/08/2009
First Appellate Authority order               : 00/00/0000
Second Appeal filed on                        : 16/12/2009
Notice of Hearing Sent on                     : 04/01/2010
Hearing Held on                               : 03/02/2010
Sl.                  Information sought                              PIO's reply
1.    Who is Contractor of street light of Area of Street lights of concerned area are
      Nawab Ganj Pul Bangash Ward-78? Give the maintained by BSES& NDPL. All
      copy of contract.                                 control by Discom.
2.    Please give the name of area covered under This            query      is    related to
      contract.                                         Discom(BSES/ NDPL)
3     Under the contract what work has to be done As per ans. 2
      by the contractor? Give the list of works
4     What is the duration of contract & rate of the As per ans. 2
      contract
5     If the payment is made as per the work done This is related to superintending
      then give the list of work & the payment for it. engineer (electricity)-I.
6     Give details of, From which & how the As per ans.5
      contractor granted the payment.
7     After complain from the people within how This is related to Discom
      many days damage light will be replace. Give
      the copy of concern contract or order.
8     If the light is not replaced within specific time As per ans. 7
      what action will be taken? Give the copy of
      concern contract or order.
9     In which situation payment of contractor is As per ans. 7
      reduced. Give the copy of concern contract or
      order.
10 In which situation the contract will be As per ans. 7
      dismissed. Give the copy of concern contract
      or order
11 In how many days contract will be dismiss.           This is related to superintending
                                                        engineer (electricity)-I.
 12   If contractor fails to work done properly          As per ans. 11
     How MCD will bound contractor. Give the
     copy of related documents
13 Is MCD taken any action against the As per ans. 11
     contractor? Give it's details
14 How much payment is made by MCD for each As per ans. 11
     street light to electricity board?
Grounds for First Appeal:
45 days are over but still PIO not supply the information.

Order of the First Appellate Authority:
No order.

Grounds for Second Appeal:
The information supplied by PIO is incomplete & unsatisfactory.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Omkar Nath Kapoor;

Respondent: Mr. Rajendra Prasad, Public Information Officer & SE;

Mr. R. Narula, PIO & SE (Electrical), Ambedkar Stadium, Delhi Gate, Delhi;
The First Appellate Authority Ms. Kiran Dabral, Dy. Commissioner is guilty of dereliction of
duty since she had not passed any order in the matter.

The Appellant has sought information which is with BSES or NDPL. The issue of
whether BSES or NDPL are public authorities are not is pending in the court. In these
circumstances as of now it is not possible to get any information from BSES or NDPL.

Decision:

The appeal is disposed.

The First Appellate Authority Ms. Kiran Dabral, Dy. Commissioner is directed to
send her explanation why she did not do her duty and give an explanation to the Commission
for her dereliction of duty before 20 February 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
03 February 2010
(In any correspondence on this decision, mention the complete decision number.) (SR)