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Decision No. CIC /SG/A/2009/000137/2690
Appeal No. CIC/SG/A/2009/000137
Relevant Facts
emerging from the Appeal:
Appellant : Smt. Sunita Bhardwaj,
18-A, Boulevard Road,
Opp. St. Stephen's Hospital,
Delhi-110054.
Respondent : PIO
Directorate of Vigilance,
Govt. of NCT of Delhi,
4th Level, C-Wing, Delhi Sectt.,
I.P.Estate, New Delhi.
RTI filed on : 19/09/2008
PIO replied : 16/10/2008
First appeal filed on : Not mentioned
First Appellate Authority order : 17/11/2008
Second Appeal filed on : 27/1/2009
The Appellant had asked following information about the complaint case
against Sh.O.P. Verma, Chief Engineer, Slum & JJ wing:-
Sl.No. Information Sought PIO’s Reply
1. Copy of the entire notesheets, file The requisite information under
movement details, orders passed by the RTI Act cannot be provided as
concerned officials by the concerned the same is exempted under
officials of DOV while dealing with the section 8(1) (h) of RTI Act.,
complaint dated 31/07/07 against Sh. OP 2005 as the investigation is
Verma, Chief Engineer, slum & JJ by under process.
Sunita Bhardwaj.
2. Copy of the file movement details showing -As above-
the notesheets, nothings etc on the file
44(1)/07/DOV relating to the complaint
dated 31/07/07 against Sh O.P. Verma,
Chief Engineer, slum & JJ by the
undersigned.
3. Copy of the forwarding letter/DO letter For obtaining the copy, you have
issued by the DOV to Slum & JJ Wing, to deposit Rs.2/- per page as per
MCD forwarding the complaint dated RTI Act, 2005.
31/07/07 against Sh. O.P. Verma, Chief
Engineer, slum & JJ by Sunita Bhardwaj.
4. Copies of the reminder/Dos or any kind of For obtaining the copy, you have
communication issued by the DOV to Slum to deposit Rs.2/- per page
& JJ Wing, MCD regarding the complaint (Total:Rs.6/- as the matter
dated 31/07/07 against Sh.OP Verma, Chief contains 3 pages) as per RTI
Engineer, slum & JJ by the Sunita Act, 2005.
Bhardwaj.
5. Copy of the letter dated 14/12/07 bearing For obtaining the copy, you have
No. F-44(29)/07-DOV/10160 issued by to deposit Rs.2/- per page as per
DOV to the Slum & JJ Wing, MCD with RTI Act, 2005.
regard to the complaint dated 31/07/07
against Sh OP Verma, Chief Engineer, slum
& JJ by Sunita Bhardwaj.
Copies of the Officer orders, notifications, No such guidelines are on
OM, Circulars, guidelines etc authorizing record.
the DOV to transfer the complaint to the
concerned department instead of probing he
same at DOV.
Details of the Action Taken on the letter The facts of the case are being
date 3/9/08 by the undersigned addressed to ascertained from MCD and
the Director of Vigilance in reference to the Delhi Police.
complaint dated 31/07/07 against Sh.OP
Verma, Chief Engineer, slum & JJ by
Sunita Bhardwaj. Please provide the
notesheets, order & movement of the said
letter to various officers and the orders
passed by them.
The First Appellate Authority ordered:
The First Appellate Authority ordered “I do not find PIO’s reply as denial of
information, because, this Directorate after receipt of reply from Director (Vigilance),
MCD sought clarification and documents from the Delhi Police and the MCD. Since, the
matter is still under enquiry, no public interest would be served by providing the copies
sought by the Appellant. I do not find any merit in the appeal. I am, therefore, constrained
to dismiss it. I order accordingly.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Mr. D. Verma PIO
The file notings have not been provided to the appellant on query 1 on the grounds of
Section 8 (1) (h). The PIO claims that for a complaint by the appellant against Shri
O.P.Verma Chief Engineer Slum & JJ if the investigations are continuing for over 18
months. The PIO was asked how giving the file notings could impede the process of
investigation. The PIO is not able to give any explanation.
Decision:
The appeal is allowed.
The Copy of the entire notesheets, file movement details, orders passed by the concerned
officials by the concerned officials of DOV while dealing with the complaint dated
31/07/07 against Sh. OP Verma, Chief Engineer, slum & JJ by Sunita Bhardwaj will be
provided free of cost to the appellant before 20 April 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
9th April, 2009
(In any correspondence on this decision, mentioned the complete decision number.)