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Decision No. CIC/SG/A/2009/001697/4698
Appeal No. CIC/SG/A/2009/001697
Appellant : Mr. P.C. Pande
Under Secretary,
M/o C & I, Department of Commerce,
510-A, Udyog Bhawan, New Delhi
Respondent : Mr. A.C. Mittal
PIO & SE (RH-I)
Municipal Corporation of Delhi
O/o the SE (RH-I) & PIO,
Rohini Zone, Sector-V, Rohini,
Delhi - 110085
RTI application filed on : 21/01/2009
PIO replied : 04/02/2009
First Appeal filed on : 16/03/2009
First Appellate Authority order : Not mentioned
Second Appeal filed on : 10/07/2009
The Appellant through his 19 queries had sought following information:
1- Date wise movement (with diary/dispatch number) of the following
correspondence made with MCD along with name and designation of the officials
handling the subject matter and action taken/ being taken by them.
a. Complaint no.12901197 dated 24-7-2007 to MCD Rohini Zone for removal of
encroachments.
b. Reply of the Appellant dated 22/08/2007 to AE(B), Shri A.K.Mittal, MCD,
Rohini (receipt no. 5244 dated 22/08/2007).
c. Application dated 01/11/2007 under Section 6(1) of the RTI Act before Mr.
V.K.Malhotra, SE to E-in-C of MCD.
d. Ministry of Urban Development's letter no. 788/DDR/RTI/2007/DD-II dated
6/11/2007 forwarding the application to the MCD Commissioner for action.
e. Ministry of Urban Development's letter no. 788/DDR/RTI/2007/DD-II dated
20/11/2007 seeking para-wise information from the MCD Commissioner for
action.
f. 1st Appeal dated 6/12/2007 filed before Additional Commissioner against non
receipt of information.
g. Order no. 1331/Addl. Commr. (Engg.)/2007 dated 28/12/2007 issued to
Additional Commissioner directing PIO-E-in-C to furnish information with 5
working days.
h. Ministry of Urban Development's letter no. 788/DDR/RTI/2007/DD-II dated
7/1/2008 forwarding the Ist Appeal to the MCD Commissioner for action.
i. Letter no. PCP/RU-476/RZ/RTI-07 dated 21/01/2008 intimating Addl.
Commissioner for non receipt of information.
j. Letter no. PCP/RU-476/RZ/RTI-07 dated 18/03/2008 to Dy. Commissioner.
k. Letter no. PCP/RU-476/RZ/RTI-07 dated 18/03/2008 to E-in-C of MCD.
l. Letter no. PCP/RU-476/RZ/RTI-07 dated 18/03/2009 to Addl. Commissioner.
m. Ministry of Urban Development's letter no. 788/DDR/RTI/2007/DD-II dated
25/03/2008 forwarding 2nd appeal to Commissioner, MCD.
n. Ministry of Urban Development's letter no. 788/DDR/RTI/2007/DD-II dated
626/03/2008 copy of 2nd appeal to Commissioner, MCD for urgent action.
o. Letter no. PCP/RU-476/RZ/RTI-07 dated 26/08/2008.
p. Letter no. PCP/RU-476/RZ/RTI-07 dated 13/10/2008.
2- Till dated how many representations/complaints of the undersigned as well other
references have been received by the MCD, Rohini Zone through other
channels/offices/departments.
3- Whether the concerned officials are required to furnish a reply to the Complainant
apprising him about the outcome/action taken report on his complaint as per rule?
4- Certified copies of departmental orders issued by MCD or any other higher
authorities, for dealing with the applications/complaints received by the MCD
under RTI Act, 2005.
PIO's Reply:
1- a) to p) Movement of such type of correspondence is not readily available.
2- The record of diary register are voluminous.
3- It is not necessary to intimate complainant about the outcome/action taken against
his complaint.
4- The concerned official's deal with the application's received under the RTI Act.
Grounds for First Appeal:
The requisite information has not been furnished by the said PIO to the applicant /
undersigned, so far.
Order of the First Appellate Authority:
Not mentioned.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. P.C.Pande
Respondent: Mr. A.C. Mittal, SE & PIO(RH-I)
The PIO has not been able to give satisfactory information so far. The PIO states that the
appellant asked for very voluminous information that therefore they are finding it difficult to
provide the information. In such cases the PIO should used Section 7(9) and offer
photocopies of all the relevant files and alternately also inspection of the files. The PIO had
not done this. Hence the PIO is now directed to provide the information as required by the
original RTI application. If any records is not existing this will be clearly stated.
Decision:
The appeal is allowed.
The information will be provided to the Appellant before 30 September 2009.
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
4 September 2009
(In any correspondence on this decision, mention the complete decision number.) (RM)