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Decision No. CIC /SG/A/2008/00105/1199
Appeal No. CIC/SG/A/2008/00105/
Relevant Facts
emerging from the Appeal
Appellant : Shri Nanak Chand,
House No. 669A,
Shiv Colony, Rly Road,
Plawal-121102, Haryana
Respondent 1 : PIO,
Deputy Commissioner
Municipal Corporation of Delhi.
Slum Department,
Punarwas Bhawan, I.P.Estate,
New Delhi.
RTI application filed on : 21/04/2008 PIO replied : 21/05/2008 First appeal filed on : 02/06/2008 First Appellate Authority order : 05/10/2008 Second Appeal filed on : 11/11/2008
The appellant had asked in RTI application for noting sheets from Page-1/N till
last noting, copy of order making statement /submission during the course of
inquiry proceedings.
Detail of required information:-
1. Attested copy of noting sheets of all pages, from Page-1/N till last noting, of
the file on which the suspension order in respect of the undersigned was issued
vide no. PS/Addl. Commissioner (S&JJ)/2008/D-1344 dated 06/08/2007.
2. Attested copy of the order of the competent authority appointing inquiry
officer to look into the case of carving out of plots at Molarbund Phase-III.
3. Attested copy of the inquiry report submitted by Shri Ram Das, Executive
Engineer, Development Division-III, Maharani Bagh, New Delhi in respect of
the aforementioned case.
4. Attested copy of the records relied upon by Shri Ram Das, Engineer,
Development Division-III, for finalizing his inquiry reports.
5. Attested copy of the notice issued to the undersigned for making
statement/submission during the course of unquiry proceeding.
6. Attested copy of the report submitted by the Executive Engineer,
Development Division -V, Maharani Bagh, New Delhi in respect of the
factual position of this plots.
7. Attested copy of the not submitted by the Department for releading
subsistence allowance @ 50% for the first three months and @ 75% after
expiry of three months form the date of issuance of the suspension order No.
PS/Addl. Commissioner (S&JJ)/2008/D-1344 dated 6th August, 2007. in
respect of the undersigned.
The PIO replied: –
“Please refer to your letter dtd. 02/06/2008 address to Appellate Authority –
I/Dy. Commissioner (S&JJ), MCD regarding no information has been given by PIO
of your application dtd. 21/04/2008.
In this regard, it is to inform you that the reply of your application dtd.
21/04/2008 has been given vide this letter No.F/DD/DRIA/ID No. 2016/08/D-1873
dtd. 21/05/2008.
In view of the above, the photocopy of reply dtd.21/05/2008 is again attached
herewith for your information.
The First Appellate Authority ordered: –
“The appellant inspected the complete photo copies of the file from where
disciplinary action against him was initiated and he was placed under suspension by
the competent authority. The appellant requested to provide photo copy of the whole
file. The appellant has basically requested for attested copies of note sheet and
corresponding sides of the file which relates to initiation of department proceeding
of him and also where a decision was taken to place him under suspension and where
an enquiry in this case was also undertaken. It is quite clear that in this case Sh.
Nanak Chand was under suspension. As per the relevant provisions of the RTI Act,
2005, the relevant record cannot be given to applicant until the departmental
proceedings are completed. It has been further informed by the departmental officer
that CBI also enquiring this case and most of the record has been handed over to CBI.
The request of the appellant Sh. Nanak Chand is therefore, rejected.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Shri Nanak Chand
Respondent: Mr.D.P.Ture PIO
The notings and the file relating to the suspension order of Shri Nanak Chand was
issued vide no.PS/ Additional Commissioner(Slum and JJ) D 1344 dated 6 August
2007, and other 6 points.
The PIO contends that a CBI enquiry is ongoing. No specific exemption of
Section 8 (1) has been claimed for denying information.
The PIO is directed to provide an inspection of the files to the appellant and to give
copies of the papers including file notings.
Decision:
The Appeal is allowed.
The PIO will facilitate the inspection of files and give the photocopies
required by the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
21st January 2009
(For any further correspondence please mention the decision No.)