Central Information Commission Judgements

Mr.Sushil Kumar vs Mcd, Gnct Delhi on 29 April, 2011

Central Information Commission
Mr.Sushil Kumar vs Mcd, Gnct Delhi on 29 April, 2011
                                  CENTRAL INFORMATION COMMISSION
                                   Club Building, Opposite Ber Sarai Market,
                                     Old JNU Campus, New Delhi - 110067.
                                             Tel: +91-11-26161796
                                                                                Decision No. CIC/SG/A/2011/000505/12192
                                                                                       Appeal No. CIC/SG/A/2011/000505

       Appellant                                       :        Mr. Sushil Kumar
                                                                Asstt. Manager(It) It Centre
                                                                Maritime Training Inst. Shipping
                                                                Corp. Of India 52c Adi
                                                                Shankaracharya Marg Powai
                                                                Mumbai

       Respondent                                      :        Mr. R. K. Lalwat

PIO & SDM(Election)
Election Department, GNCTD
O/o The District Election Officer
District South West,
Old Terminal Tax Building,
Kapashera New Delhi

RTI application filed on : 15/07/2010
PIO replied : 28/10/2010
First Appeal filed on : ————–

       Hearing Notice Issued on                        :       01/04/2011
       Date of Hearing                                 :       29/04/2011

 Sl.                           Information Sought                                             PIO Reply
1.     Few years back Election Identity Card issuing office was opened      Through Voter Registration and EPIC Centre set up
       in the Barat Ghat at RA-63 H Block Harijan Basti Street No.5         & Citizen Services are provided so it is legal&
       West Sagar Pur ,(Tent Wala School). This Barat Char was              legitimate.

constructed for conducting the functions by Schedule Caste
Community of the H Block West Sagar Pur, New Delhi
Whether running of this office in the Baarat Ghar which is
reserved for Schedule Caste community for such a long time
which seems permanent acquiring in nature is legal as per rules of
your office.

2. If legal than please send me the copies of the by Copy enclosed
laws Notice/Any official order or any other
document according to which Baarat Ghar which
is reserved for Schedule Caste Community can be
converted into the Govt. Office for such a long
time or permanent.

3. If this kind of activity is not legal than please let me know the No information as define U/s 2(f) of
name, designation, contact number and contact address of the RTI Act is available in this office.
authority where I can complain to remove this illegal There is no illegal encroachment.
encroachment by the Election Commission Department. Complaint may be sent to
Commissioner(MCD) Town Hall,
Delhi-110008

4. Please send me the name, designation, employee code contact Particulars of Officers in charge is as under:-

number and contact address of the official who is the in-chargé or Sh. R.P. Pasrija,
the head of this office Asstt. Electoral Registration Officer
Contact No.28523115
Address H Block Harija Basti Sagar Pur New Delhi
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There is no separate Head of Officer for the said
VREC. However, particulars of present Head of
Office designated for the office of Distt. Election
Officer are as under
Sb. R.K. Lalwatt
SDM(Election) O/o the Distt. Election Officer GNCT
of Delhi Old Terminal Tax Building Kapashera, New
Delhi- 37
5 I would like to know the names, designation Particulars are furnished below:

Employees code, contact number and contact Sh. D.P.Diwedi
address of the official of your department who is the reporting Distt. Election Officer (Southwest)
official or the above mentioned Old Terminal Tax Building Kapashera,
official in point number No.4 New Delhi-37
Ph. 25065633/ 25069484
6 Please send me the copy of the rule or any citizen charter or any Copy of Citizen is enclosed.

other document according to which officer can be punished for
conducting or allowing this kind of illegal activity.

7 I would like to know the name , designation employee code, As a policy decision, VREC was opened
contact number and contact address of the official of your office
or any other official which gave permission of opening of this
Baarat Ghar
8 Please send me the copy of order for opening this office in the No such order is available in this office
Baarat Ghar
9 Please send the copy of the letters which were written by the than Copy of letter
MLA/MP / any other politician / any Govt. Official or any other Dated
person which has requested or given permission for the opening Of MLA Sh. Mahabal Mishra is
of’ the above said office in the Barat Ghar enclosed for opening of VREC at
Barat Ghar Chaupal enclosed
10 What was the time period for which it was allotted to the Election No specific time period was fixed
Commission Department for conducting the work of’ issuing
Election Card?

11 What is the date on which Barat Char was occupied by the VREC became functional from date of inauguration
election commission department for conducting the work? on 8.10.2007 Barat Ghar may be treated a on
occupied the said date.

12 What was the tentative date on which Baarat Ghar must have There is no information available in this office.

been vacated by this office according to the official record?
Please send me the copy of the orders mentioned in the tentative
date of vacating the Baarat Char by Election Commission
Department.

13 If it was allotted to the Election Commission Department for There is no information available in this office.

certain period which has been elapsed than what is the reason it is
still occupied by the Election Commission Department. Please
send me the copy of the order and name designation employee
code contact number and contact address of the official which has
extended the stay of the office in the Baarat Ghar.
14 Assess of this Baarat Ghar has been denied to the Schedule Caste There is no information available in this office.

Community for the very purpose for which it was built. Please let
me know the name designation employee code contact number
and contact address of the
official by whose order the assess has been denied to the
Schedule Caste Community. Please send me the copy or orders.
15 What rent per month is being paid by the Election Commission, Presently no rent is being paid by this office
Department to which department it is being paid?
16 Please send me the copy of last six month or last six rent receipts No such information is available
17 If no rent has to be paid by the Election Commission Department No such order is available in this office
then please send me the copies of the official order according to
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which department is exempted from paying the rent for using the
Baarat Ghar for official purpose or commercial purpose.
18 What is the name of department, which is responsible to keep up Maintenance of Civil & Electrical work are attended
the maintenance of the Baarat Ghar. Please send me complete by PWD authorities
address of the department with the name and designation of the
contacting officer.

19 Please send me the name designation employee code, contact O/o the Chief Electoral Officer, GNCT of Delhi, Old
number and contact address of the official, which is authorized to St. Stephens College Building, Kashmere
permit the opening of this kind of this office to conduct Govt. Gate,Delhii-110006
work or any other commercial activity in the Baarat Ghar, which
was built for the Schedule Caste Community?

Grounds for First Appeal:

Unsatisfactory information provided by PIO.

FAA’s Order :-

No order has been passed.

Grounds for Second Appeal:

The Appellant states that wrong and incomplete infroamtion given.

Relevant Facts emerging during Hearing:

The following were present
Appellant: Absent;

Respondent: Mr. R. K. Lalwat, PIO & SDM(Election);

The Appellant has been provided the information and the Respondent states that because of the
various changes in the administrative structure it took long time to obtain the information from different
offices. The Commission has seen the efforts put in by the PIO and feels that there was a reasonable cause
for the delay in providing the information. The PIO is warned to ensure that the information is provided to
the Applicants within the time specified in the RTI Act.

Decision:

The appeal is disposed.

The information available on the records appears to have been provided.
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 April 2011

(In any correspondence on this decision, mention the complete decision number.) (HA)  

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