Central Information Commission
Mr. D.S. Saini vs Public Works Department on 15 February, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000059/6836
Appeal No. CIC/SG/A/2010/000059
Relevant facts emerging from the Appeal:
Appellant : Mr. D.S. Saini,
House No. DA-19-B,
Hari Nagar, New Delhi- 110064.
Respondent : Mr. Ramesh Chander
Public Information Officer & Dy. Secretary,
Public Works Department,
(Allotment -II Branch),
B-Wing, 5th Floor, Delhi Secretariat,
I.P. Estate, New Delhi - 110002.
RTI application filed on : 29-10-2009
APIO : 01-12-2009
First Appeal filed on : 07-12-2009
First Appellate Authority order : 13/01/2010
Second Appeal received on : 05-01-2010
Date of Notice of Hearing : 12/01/2010
Hearing Held on : 15/02/2010
S No. Information sought The PIO's reply.
1. Whether Govt. accommodation No. DA 19 The Govt. quarter No. DA 19-B,
B Type III Hari Nagar, was allotted to Sh. Type-III Hari Nagar was allotted to
DS Saini under SR3/7-B15(1) & (Z) in the Shri DA Saini under the provision of
month of Feb. 2009. allotment rules.
2. Whether PWD & H allotment department The allotment of Govt. quarters is
has complied or acted under SR317-B made as per the provision of
15(4). Yes / No. allotment rules.
3. Whether as per SR-317-B-12(E) When The name of the person for whom
Govt. accommodation No. DA25-D, Type- you desire this information and the
III, HN.on which date, has been cancelled. particular period for which the
information is desired has not been
mentioned. The information can be
given only when the complete
particulars are provided.
4. On which date the possession of DA19B Transferred to concerned PIO of E-n-
Type-III in the yrs of 2009 was given by the C. PWD's Office. further
PWD. information be awaited from him.
5. Whether electricity's & water connection Transferee to concerned PIO of E-n-
had been disconnected by the allotter and C. PWD's office. further information
final bills settled with the local bodies has be awaited from him.
been deposited on which date in the office of
the PWD of DA-25 D in the yrs of 2009.
6. 6.(2) Before vacating the premises the (1) There is no need to make
allottee should get the electricity and water comments on the provision of
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connections disconnected and final bill allotment rules.
settled with the local bodies. (2) There is no need to make
(3) The CPWD Service Centre be handed comments on the provision of
over the vacant possession of the allotment. Rules. Sub-points 3 to 6
accommodation, after getting inventories transferred to concerned PIO.
checked and the allottee should obtain the
vacation report, duly signed by the JE
concerned. A copy of the vacation report
should also be submitted at the information
and facility centre, Nirman Bhawan by the
allottee so that the same could be allotted
expeditiously to eligible applicants and the
case for "No Demand Certificate" is
processed.
(1). Do you admit or agree with above
point 6(2)(3) yes or not?
(2). Whether you are agree with om dtd.
23-02-1998 & Om dtd. 06-12-2004
mentioned in para 6(3) if you are not agree
with the above orders, please let me know
the reasons.
(3). As per instructions & order
mentioned in point no. 6 why the concerned
JE PWD HN has not taken back possession
of Govt. accommodation of DA25-D Type-
III HN in the month of March 2009, while
many times personally visited in his office &
requested to deposit the key of
accommodation with possession.
(4). Why the JE PWD HN has refused to
take the possession of DA25-D HN.
(5). Why the JE PWD HN has demanded
to be produced no demand certificate before
the issue of vacation report of Dt. 25-D HN.
(6). After depositing photocopies of
BSES& Delhi Jal Board disconnection &
Nodues certificate. Why the JE PWD HN
not issued vacation report to the allottee of
DA 25-D HN.
7. Please supply Photostat copy of noting sheet ID No. is not mentioned. Hence, it is
of considering i.d No. PWD/09/3710 dtd. not possible to give the information .
20-08-2009.
8. What is the rate of license fee is fixed PM The existing of licence fee in respect
of flat no. DA-25D Type -III HN. of QNo. 25D is Rs. 217/- PM.
9. As per your record the license fee has been The information pertains to the
charged from the pay of offices in R/o flat concerned DDO of the allottee who
No.DA25-D Type -III upto march 2009 yes is responsible for deducting the
or no. licence fee from the salary of the
Govt. employee.
10. Copy of cancelation sheet of license fee of Copy of calculation sheet had been
flate No. DA-25-D HN of Rs 31364-may provided to the appellant.
be supplied pl.
11. Whether any action for vacating flat nO. What kind of action you are referring
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DA-25-D was taken by the concerned to, please give the full details of the
department during the period of 1-3-2009 to case so that the requisite information
20-08-2009. could be given.
12 Which responsible officer is responsible for The ID No. for specific details have
deciding in delay of ID in para No. 7 for 11/2 not been given. therefore it is not
Month long? possible to make any comments in
the absence of details.
Ground of the First Appeal:
Incomplete & incorrect information had been provided by the PIO.
Order of the FAA:
The First Appellate Authority gave order on 13/01/2010.
Ground of the Second Appeal:
Incorrect information had been provided by the PIO. No order had been passed by the
FAA.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant : Mr. D.S. Saini;
Respondent : Mr. Ramesh Chander, Public Information Officer & Dy. Secretary;
The PIO has provided most of the information but the appellant now sees the following
additional information:
1- The progress of the application made by the appellant on 20/08/2009.
2- On Query-6 of the appellant the PIO will give the information as to whether the
Central rules are followed or Delhi Govt. rules are followed.
Decision:
The Appeal is allowed.
The PIO will give the information mentioned above to the Appellant before
25 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
15 February 2010
(In any correspondence on this decision, mention the complete decision number.) (BK)
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