Central Information Commission Judgements

Mr.Mange Ram Yadav vs Mcd, Gnct Delhi on 6 October, 2010

Central Information Commission
Mr.Mange Ram Yadav vs Mcd, Gnct Delhi on 6 October, 2010
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                                                              Decision No. CIC/SG/A/2010/002359/9643
                                                                     Appeal No. CIC/SG/A/2010/002359
Relevant Facts

emerging from the Appeal

Appellant : Mr. Mange Ram Yadav
S/o Mr. Ram Pat
Vill. + P.O. Surhere,
New Delhi – 110043.

Respondent : Mr. V. K. Gupta
Public Information Officer & Superintending Engineer
Municipal Corporation of Delhi
O/o the SE(Project) NG & Narela
Under Zakira Fly Over, Zakhira,
Delhi – 110015.


RTI application filed on               :      26/04/2010
PIO replied                            :      20/05/2010
First appeal filed on                  :      02/06/2010
First Appellate Authority order        :      Not ordered.
Second Appeal received on              :      20/08/2010
   Sl.               Information Sought                               Reply of the PIO

1. The year in which the out fall drain from Record for the last 10 years i.e. w.e.f.

Village Surehera to pond was constructed 01/04/2000 had been consulted and no work had
along with certified copy of the work order. been found awarded for carrying out the above
work by the division.

2. Name of the MCD Councilor who was at As above.

the time of construction of the said
drainage.

First Appeal:

Non-receipt of complete information from the PIO.

Order of the FAA:

Not ordered.

Ground of the Second Appeal:

Non-receipt of information from the PIO and no action taken by the FAA.

Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent;

Respondent : Mr. D. S. Hooda, AE(Project) on behalf of Mr. V. K. Gupta, PIO & SE;

The appellant has stated that the First Appellate Authority (FAA) had conducted a hearing
on 15/07/2010 but did not issue any order. The respondent also state that he does not have any order
issued by the FAA. The First Appellate Authority Mr. D. P. Ture, Dy. Commissioner (Nazafgarh Zone)
appears to be guilty of dereliction of duty since he does not appear to have passed any order in the matter.

The respondent states that as per their records there is no mention of any outfall drain having been
constructed in the last 10 years and hence they are not able to provide any information.

Decision:

The Appeal is disposed.

The information available on the records has been provided.

The First Appellate Authority Mr. D. P. Ture, Dy. Commissioner (Nazafgarh Zone)
is directed to present himself before the Commission with his explanation on 25
November 2010 at 4.00pm to showcause why the Commission should not recommend
disciplinary action against him for dereliction of duty.
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
06 October 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)

CC:

To,
The First Appellate Authority Mr. D. P. Ture, Dy. Commissioner (Nazafgarh
Zone) through Mr. V. K. Gupta, PIO & SE