CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/002467/10202
Appeal No. CIC/SG/A/2010/002467
Relevant Facts
emerging from the Appeal
Appellant : Mr.Rakesh Gaur
B-3/3201, Bougainvilla
Apartments Residents Welfare
Association, Vasant Kunj
New Delhi-110070
Respondent : Mr. Rajesh Prasad
PIO & Additional Dy. Commissioner
Municipal Corporation of Delhi
O/o ADC(HQ),
Town Hall, Chandni Chowk,
Delhi – 110006
RTI application filed on : 27/05/2009
PIO replied : MCD: 16/12/2009
13/01/2010
03/06/2010
DDA: 29/09/2009
First appeal filed on : 08/04/2010
First Appellate Authority order : 11/06/2010
Second Appeal received on : 04/09/2010
Sl. Information Sought Reply of the PIO
1. As per clause 3 of Gazette Notification dated 16th
September, 2005 published in Part-Il, Section 3, Sub-
section (I) of the Gazette of India, the Ministry of
Personnel, Public Grievances and’ pensions
(Department of Personnel & Training), Govt. of India,
the Appellant requested for the following Information
(A) A copy of relevant gazette notification! Circular 1(A) Appellant has not received any
notification / order etc issued by MCD or any other information provided except that the ADC
authority empowered under the RTI Act, 2005, in (HQ5) simply provided a copy of Section
suppression of the GOI gazette notification dated 100 of MCD Ad wherein it has been
16/9/200 which prescribes that the postal order should provided that the Commissioner shall
be payable to “MCD” or “Commissioner MCD” not to receive the payment, credit of payment etc.
‘Account Officer MCD” because I had made the postal
order payable to “Account Officer, MCD” as
prescribed under the rules issued vide gazette
notification mentioned above but my application was
returned for the reasons stated above
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(B) The name, designation and address of the officials I (B) The name of the official is Sh. Pankaj,
who returned the application due the reason stated- working as CSB Supervisor and was
above in violation of the provisions of the Act and f es forwarded by the office of AQ/CSB by Sh.
made there under and intentionally avoiding/ delaying Suresh, LDC of CSB/Town Hall to
the process of providing: information. AO/CS8.
(C) The total no. of applications received in MCD
accompanying with the drafts payable to “Accounts
Officer, MCD” since the date of implementation of the 1(C) No such record is maintained.
Act and the
amount incurred as postal charges in sending these
application back may be informed.
2 Appellant requested for the name, address and contact No information was provided to the
telephone nos. of the Senor Sanitary Supdt, Sanitary Appellant by the PIO, however information
Inspectors and Asstt Sanitary Inspectors and Safai was provided during the pendency of the
Karamcharies assigned the sanitary work of 8-3 & 4 first appeal and in compliance of the orders
block of Vasant Kunj), New Delhi.: A copy of the of the FAA.
Inspection Book of the supervisory staff giving details
of inspection done in these blocks and Attendance
register of Safai Karmcharies for the months from
April to October 2009
3 It has come to the notice of different RWAs in Vasant
Kunj area that a system of house holds garbage
removal has been finalized implemented by MCD
under “PPP system” but the Public. RWA has not been
consulted before finalizing’ this scheme. Now the No Information was provided by the PIO
representatives of private agency are approaching ‘the
RWAs to, take over the possession of functional and
non functional Dhalaos (Bins) without producing any
authorization. The Appellant has requested for
complete details of the scheme and a certified copy of
the term and conditions of the said system
4 Provide the action taken report on the letter dated Letter dated 2.03.09 was not received in
02/03/2009 addressed to Commissioner, MCD Central Office &Commissioner Office.
requesting him to allow us for adopting the central Park
of B-3 Block Vasant Kunj.
5 Provide the action taken report on the letter dated 20th Letter dated 20.07.09 is received in Central
July, 2009 to Commissioner, MCD requesting for Office on 23.07.09 and sent to Addl.
desilting of sewer lines and change of manhole covers Commissioner (DEMS) vide by. No. 4024
in B-3 Vant Kunj, New Delhi dated 23.07.09
6 Provide action report in the letter dated 20th July, 2009 Letter dated 20.03.09 is not received in
was sent to Commissioner, MCD regarding pending Central Office & Commissioner Office.
maintenance work and poor civic amenities in and
around Pocket B-3, vasant Kunj. The copies of letters
dated 20th July, 2009 were also sent to Dy.
Commissioner,’ Najafgarh Zone as the area fell under
his jurisdiction. These letters were not even
acknowledged and no action was taken on any of the
letters except changing sewer man- holes. (A
photocopy each of the letters stated above is enclosed
Annex. H, HI & IV).
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7. Appellant requested for the daily progress report on
these letters. Also inform the names, designations and
addresses of the officers to whom these letters were
forwarded. What action will be taken against the
officers found guilty of, not taking action on the No information available in the office
complaints/ grievances.
8 Appellant requested for the time period to be taken by Information sought is not covered in the
the concerned officer to attend the complaints, RTI Act 2005
grievances, requests made in the above said letters.
9 Provide information from DDA regarding different No information available in the office
matters of BIocl-B-3&4, Vasant Kunj, New Delhi-
110070 vide Appellants application dated 27/5/2009.
(Copy enclosed Annex V). The jt. Director (Enf.),
DDA after four months, hs intimated vide his letter
dated 29/9/2009 (Copy enclosed’ Annex.VI) that all the
points Except l to 8 pertain to DDA as the area has
been not been notified. In this regard Appellant
requested for a copy of order denotifying the area and
information on ‘all the points in the application
enclosed except Points 4 to 8.
10 A Postal order no.84E129183 dated 11.09.2009 for Rs. No Information sought
10/- payable to Commissioner, MCD as advised by
some officials of MCD is enclosed herewith.
11 I hereby declare that I am a Indian citizen and entitled No Information sought
to seek information under RTI Act, 2005.
Grounds for the First Appeal:
Information provided by the PIO (MCD) is incomplete and dissatisfactory.
No Information provided by the PIO (DDA)
Order of the First Appellate Authority (FAA):
The Appeal filed by the Appellant is time barred according to the provisions of the RTI Act and no further
justification of delay is given by the Appellant.
And the Appellant must file the appeals before the relevant FAA for each of the said replies of the PIO’s
Grounds for the Second Appeal:
Incomplete and incorrect reply form the PIO and the FAA without checking or calculating the time period
has stated in the order that the appeal is time barred.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. K. C. Mittal, UDC on behalf of Mr. Rajesh Prakash, PIO & ADC(HQ);
The Commission directs that the following information must be provided to the Appellant by the
respective PIOs:
1- Query-3: Copy of the ‘PPP System’ agreement should be provided by the PIO, South Zone,
Greent Park, New Delhi.
2- Query-5: Information should be provided by PIO, South Zone, Green Park, New Delhi.
The Commission also directs the Municipal Commissioner to ensure that all PPP Agreements for
collection of garbage must be displayed on the website of MCD before 20 December 2010. A compliance
report should be sent to the Commission before 20 December 2010.
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Decision:
The Appeal is allowed.
PIO South Zone (Green Park) is directed to give the information on two points
mentioned above to the appellant before 20 December 2010.
The Municipal Commissioner is directed to email the report along with the url address
where the information has been uploaded to rtimonitoring@gmail.com. The Report must
include:
1. Measures taken to fulfill disclosure obligations under Section 4 including making
information available on your official website.
2. Measures put in place to ensure regular updating of the information uploaded on the
websites.
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
29 November 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)
CC:
To,
1- The Municipal Commissioner
MCD
Town Hall, Chandni Chowk,
Delhi - 11006
2- Public Information Officer
MCD
South Zone, Green Park,
New Delhi
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