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Decision No. CIC/SG/A/2010/000573/7699
Appeal No. CIC/SG/A/2010/000573
Relevant Facts
emerging from the Appeal:
Appellant : Mr. G.P. Singhal
FD-51,Pitam Pura
New Delhi-110034
Respondent : Mr. Jawahar Lal
Public Information Officer &
Superintending Engineer
Slum & JJ, MCD
Room No.8, Punarvas Bhawan
I.P. Estate, Near ITO
New Delhi - 110002.
RTI application filed on : 12/12/2008
PIO replied : 09/01/2009
First appeal filed on : 19/11/2009
First Appellate Authority order : 15/01/2010 and 12/02/2010
Second Appeal received on : 03/03/2010
Notice of Hearing Sent on : 12/04/2010
Hearing Held on : 12/05/2010
Information Sought:
10 works were executed under the supervision of the then Ex. Engineer Sh. V.K. Gupta, JJ-II,
MCD. 10% security was deducted vide different voucher Nos. dated 03/09/80 from every bill
1. Who should the Appellant approach for refund of his security and Earnest Money at this
stage?
2. The status of the cash book under Ex. Engineer ,JJ-II dated 03/09/1980 and 13/02/1980.
3. Indicate the name of the concerned officer at this stage
Details of securities with voucher nos. and original receipts of G-8A, MCD are with the
Appellant and will be submitted at the time of refund of securities.
Reply of the PIO:
The appellant was advised to take the matter up with the BFO (JJ) for refund of his security and
Earnest Money.
Order of the First Appellate Authority:
Vide Order dated 15/01/2010, the First Appellate Authority transferred the RTI Application to
Director (Admin)/PIO and issued directions to search out the record and authorized to appoint
‘deemed PIO’ who would be responsible if the Appellant did not receive the requisite
information by date 03/02/2010.
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Vide order dated 12/02/2010, the First Appellate Authority directed that as the Appellant did not
receive the requisite information by 03/02/2010, the appellant could proceed for second appeal.
Grounds for the Second Appeal:
Information not provided by PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. G.P. Singhal;
Respondent: Mr. Jawahar Lal, Public Information Officer & Superintending Engineer (Eng.);
Mr. S.N.S. Sidhu, PIO & Director (Admin); Mr. G. L. Gupta, Deemed PIO(Finance);
All the PIOs state that inspite of the diligent search the cash book of 1980 is not
available. In view of this since the information is not available the only information that can be
given is that the cash book is stolen/lost and hence information can not be provided.
Decision:
The Appeal is allowed.
The deemed PIOs Mr. N. H. Sharma EE (City-I) and Mr. B. V. Gautam
EE(City-2) are directed to file a Police complaint for the theft/loss of the cash book
of 1980. A copy of the Police complaint will be given to the Appellant before 10
June 2010. The Additional Commissioner Slum & JJ is directed to certify the
theft/loss of this cash book and send the certificate to the appellant before 10 June
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
12 May 2010
(In any correspondence on this decision, mention the complete decision number.)(DR)
CC:
To,
Additional Commissioner, SLUM & JJ through Mr. Jawahar Lal, PIO & SE;
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