CENTRAL INFORMATION COMMISSION
Room no.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110 066.
Tel: 91 11 26161796
Decision No.CIC/WB/A/2007/01531/SG/interim
Appeal No. CIC/WB/A/2007/01531
Relevant Facts
emerging from the Appeal
Ram Niwas Appellant
K II / 604, Sangam Vihar
New Delhi – 110062
1) Ganesh Bharty Respondent
PIO and DC (Central Zone)
MCD, Jal Vihar
Lajpat Nagar, New Delhi – 110024
2) Naresh Kumar,
Additional Commissioner
(Engineer), FAA, MCD, Town Hall
New Delhi – 110006
RTI Application : 07/08/2007
PIO Reply : no reply.
1st appeal: 10/09/2007
First Appellate Authority order: 08/10/2007
Appellant had filed application asking information in relation to Central Establishment
Department of MCD.
The PIO did not reply. Hence the appellant filed a first appeal. The First Appellate
Authority ordered the PIO to furnish the information to the appellant within 10 days. During
the hearing the appellant refused to take to information as it was not signed by the authority.
After that the information was not provided to the appellant. Hence the appellant filed a
second appeal.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Mrs. Joginder Taluja representing PIO Mr. Ganesh Bharty
Respondents claim that the information was given to the appellant on 10/09/2007, and
that the information was again provided on 16/10/2007 as per the instructions of the First
appellate Authority.
Decision:
The Commission is directing the first appellate authority, to investigate the matter and
submit a report to the Commission by 21st October 2008.
The following are the discrepencies which need to be looked at:
1. The PIO claims that the information was sent on 10/9/2007 as per papers produced
before me. However the Appellate authority’s order of 16/10/2007 makes no mention
of this.
2. The PIO is showing papers claiming that they had sent the information again on
16/10/2007 on the orders of the Appellate Authority. The appellant has not
acknowledged receiving either the papers sent on 10/9/2007 or 16/10/2007.
The Appellate authority will verify whether there is proof that both the claims are correct and
send a report to the Commission. The Commission will give its final order after that.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
(Shailesh Gandhi)
Information Commissioner
7 October, 2008