CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000619/4277Adjunct
Complaint No. CIC/SG/C/2009/000619
Complainant : Mr. Lokendar Singh
3018A, Sant Nagar
Rani Bagh, New Delhi 110034
Respondent : Mr. Anurag Bansal
HoG- Corporate Legal
North Delhi Power Limited
Grid Sub Station Building, Hudson Lines,
Kingsway Camp, Delhi 110009
Facts
arising from the Complaint:
The Complainant had filed an application with the North Delhi Power Limited
(NDPL) on 13/02/2009 asking for certain information. As he did not receive a reply from the
NDPL, he filed a Complaint with the Commission under Section 18 of the RTI Act.
The Commission issued a notice dated 09/06/2009 wherein it directed the NDPL to
send the information to the Complainant by 04/07/2009. As the information was not sent to
the Complainant and the Commission did not receive a copy of the information, the
Complaint was allowed vide order dated 29/07/2009 and NDPL was directed to send the
information to the Complainant by 15/08/2009.
It has now been brought to the notice of the Commission that the aspect of
applicability of the provisions of RTI Act to the NDPL has been challenged in the High Court
of Delhi vide W.P. 542/2007 NDPL v CIC. The High Court has granted a stay order on a
decision of the Commission in which the NDPL was considered a public authority.
As the High Court of Delhi has not delivered its final judgment in this matter and the
stay order continues with regard to the applicability of the RTI Act to the NDPL, the
Commission cannot take any further action in the present matter.
Decision:
The Complaint is disposed off.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
8 September 2009
(For any further correspondence in this matter, please quote the file no. mentioned above) (ShG)