CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001804/13998
Appeal No. CIC/SG/A/2011/001804
Relevant facts emerging from the Appeal:
Appellant : Mr. Vijay Mehta
R/o 1474/102,
Ganesh Pura, Tri Nagar,
Delhi - 110035
Respondent : Mr. R. Prasad
PIO & SE
Municipal Corporation of Delhi
Civil Lines Zone 16, Rajpur Road,
Delhi - 110054
RTI application filed on : 25/04/2011
PIO replied on : 24/05/2011
First Appeal filed on : 01/06/2011
First Appellate Authority order of : Not Mention
Second Appeal received on : 07/07/2011
The information sought: appellant had asked about the councilor fund of ward no.6 the
informations are follows:-
Sl. Information sought The PIO reply
1. With due respect, applicant want information of Ward No. 6 Since the information, sought is
MCD works department a mention below, as per RTI Act u/s voluminous in nature, the applicant
2(J)(i) where every citizen right to know about Govt. works may be requested to visit the office
executed by works Deptt. from head of councilor fund for of the undersigned on any working
past three years (2008-2011). day in between 3:00 P.M. to 5:00
a. Name of Works. P.M for inspection of the ready
b. Works Name with complete description i.e. tender record subject to prior intimation to
work etc. undersigned a day or two in advance
c. Funds sanction for execution of works. on phone number 23394148. The
d. Date of proposed execution works. information/record will be provided
e. Date of start & completion of works along with Priority - wise fixed by the
status+works & drawings. applicant himself after inspection, if
f. Name of agency/firm who execute the work. needed subject to depositing of
g. Proposed fund & work reason with remarks i.e. rate, charges by the applicant @ Rs. 2/-
calculation, time period discussion & whom (Per Page) total Pages are 140
recordation received by Deptt. for works. (Approx).
How much amount paid to firm/agency of tender with
completion of works.
2. The applicant want to inspect the record & works execute by Reply same as point no. 1
time & at the time of inspection following documents are
provided to me at my expanse.
i.e. measurement books, details of expenditure, drawing extra
time permission & relevant documents of file. Payments
voucher's etc.
3. As per section 2(J)(3) RTI Act every citizen have right to test Under RTI Act, 2005 sample
the article/material in laboratory certified lab), along with test definition is as under:-information
report submitted by agency/firm to deptt. for payment, after had been provided to the appellant
execution of work, further the applicant be permitted to that:- "With reference to right to
collect the sample & test the same in authorized information act sample refer to
laboratory/lab in presence of deptt. person, The deptt. may those obtained in the course of
ensure the applicant the sample collected by them is truly & proceeding or execution of any
generally collect form sport. work by the public authority,"
Grounds for the First Appeal:
The appellant was received an unsatisfactory reply from the PIO.
Order of the First Appellate Authority (FAA):
No order had been passed by the First Appellate Authority.
Ground of the Second Appeal:
The applicant is not satisfied with the PIO reply and no any order had passed by the First Appellate
Authority.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Vijay Mehta;
Respondent: Mr. A. K. Dahiya, EE(M-I) on behalf of Mr. R. Prasad, PIO & SE;
The information has been provided to the Appellant and the Appellant would now like to inspect
the records relating to these on 25 August 2011.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on
25 August 2011 from 10.30AM onwards at the office of the EE(M-I). In case there are any records or file
which the appellant believes should exist, which are not shown to him, he will give this in writing to the
PIO at the time of inspection and the PIO will either give the files/records or give it in writing that such
files/records do not exist.
If the Appellant wants a sample of any work he will pay the cost of taking the sample.
Decision:
The Appeal is allowed.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on
25 August 2011 from 10.30AM onwards. He will give attested photocopies of records
which the Appellant wants free of cost upto 100 pages.
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
10 August 2011
(In any correspondence on this decision, mentioned the complete decision number.) (JV)