Central Information Commission Judgements

Mr. Irshad vs Municipal Corporation Of Delhi on 27 November, 2009

Central Information Commission
Mr. Irshad vs Municipal Corporation Of Delhi on 27 November, 2009
                  CENTRAL INFORMATION COMMISSION
                   Club Building, Opposite Ber Sarai Market,
                     Old JNU Campus, New Delhi - 110067.
                             Tel: +91-11-26161796

                                                 Decision No.CIC/SG/A/2009/002573/5723
                                                       Appeal No. CIC/SG/A/2009/002573

Appellant                                :      Mr. Irshad,
                                                A-139 Gali No.-3, Main Road
                                                Jagatpuri Mandoli Raod,
                                                Shahadara, Delhi-110053

Respondent                               :      Mr. C.B.Singh
                                                Public Information Officer & SE-I
                                                O/o the Executive Engineer (Bldg)-I
                                                Municipal Corporation of Delhi,
                                                Shahadara North Zone, Delhi-110053

RTI application filed on                 :      29/07/2009
PIO replied                              :      31/08/2009
First Appeal filed on                    :      02/09/2009
First Appellate Authority order          :      Not mentioned
Second Appeal Received on                :      14/10/2009
Notice of Hearing Sent on                :      24/10/2009
Hearing Held on                          :      27/11/2009

  S.No Information Sought                           PIO's Reply
  1.   Daily progress report on complaints of Daily progress report is not available
       Appellant.                                   and all these applications had been sent
                                                    to Sh S. K Sindhwani( Executive
                                                    Engineer), Sh. Umed Singh, Assistant
                                                    Eng., Shri Ramkumar, Shri D.D
                                                    Sharma, Shri D. S. Verma and Shri I P
                                                    Singh(J.E), Shri Phoolchand, Shri R.C
                                                    Jain and Shri Lokesh Sharma.
  2.   Name of officials and their post who had to According to mentioned above (1)
       take action but taken not.
  3.   What will action be taken and by what date Action will be taken according to rule.
       against the officials like A.E and J.E and
       senior officials who incite the illegal
       encroachment
  4.   By what date action taken on Appellant's Action will be taken according to rule.
       application.
  5.   List of all officials with their name, post, List enclosed
       phone no. of Shahadra North Zone
  6.   List of Asstt. Engineer, and J.E concerned List enclosed.
       with Department of Bldg. with their name,
       post and phone no.
  7.   Total number of areas of which map passed. Sought information not cleared.
       Provide list of them.
    8.       Total number of areas of which map not As mentioned above.
            passed. Provide list of them.

Grounds for First Appeal:
Information not provided within stipulated time.

Order of the First Appellate Authority:
Not enclosed.

Grounds for Second Appeal:
Wrong information provided. Not satisfied with FAA's decision.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Absent;

Respondent: Mr. B.M.N.Rao on behalf of Mr. C.B.Singh, Public Information Officer & SE-I;

The First Appellate Authority Mr. Azimul Haq is guilty of dereliction of duty since he
had not passed any order in the matter. The Respondent has informed the Appellant that the
compliant have been sent to various Engineers. However the PIO has not sought the assistance of
the other officers under Section 5(4) and provided the information as it should have done. The
PIO is directed to obtain the information about action taken from the officer and sent it to the
Appellant before 20 December 2009.

Decision:

The appeal is allowed.

The PIO is directed to send the action taken as mentioned above to the Appellant before
20 December 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
27 November 2009
(In any correspondence on this decision, mention the complete decision number.)