CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/000031/6833
Appeal No. CIC/SG/A/2010/000031
Relevant facts emerging from the Appeal:
Appellant : Mr. Anjuman Agnihotri
House No. 210-A/2, Shahpur Jat,
New Delhi - 110049.
Respondent : Mr. V.S.Prasad
APIO & Executive Engineer,
Public Work Department
O/o The Executive Engineer,
M-35, Police Headquarter Building,
New Delhi - 110002.
RTI application filed on : 10-01-2009
PIO : 24-02-2009
First Appeal filed on : 24-05-2009
First Appellate Authority order : 12/06/2009
Second Appeal received on : 31-12-2009
Date of Notice of Hearing : 12/01/2010
Hearing Held on : 15/02/2010
The Appellant had sought following information from PIO - PWD regarding
S. No. Information sought. The PIO's reply.
1. How many heaters replaced by him in Heater replaced in :
HVAC system of DDU Hospital 1. Nov. 08 - Nil.
during the month of Nov. 2008, Nov. 2.. Nov. 07 -Nil
2007 and Nov. 2006 along with the 3.. Nov. 06 - Nil
location of AHU's name of contractor
who installed the heaters.
2. How many heaters replaced by him Heater replaced during the season (Dec. to
during the winter season of 2007- Feb).
2008, 2006-2007, 2005-2006 1. 2007-2008 -15 (casualty, ICCU&LR
(December to February month) with room)
the location of AHU's? 2. 2006-2007 - 10(Eye & ICU)
3. 2005-2006 - Nil
3. How many heaters installed in Total no of heater installed in DDUH are
AHU's of DDU Hospitals & what is approx 175.
the approx working life of the heater.
The working life can't be defined of any
equipments like heaters which is depend
upon the working conditions and work man
ship of the contractor / agency who installed
and maintained the equipment and also other
constraints such as voltage, current,
connections etc.
Ground of the First Appeal:
Incorrect and incomplete information had been provided by the PIO.
Order of the FAA:
The First Appellate Authority ordered that, "It is not being stated how the information
provided is misleading and incorrect."
Subsequently the Appellant has sent a letter to the FAA on 23/06/2009 explaining that various
heaters have been shown to have been replaced. There is no entry in the dismantle register
regarding this. After this the PIO has replied to the Appellant on 04/11/2009 that the heaters
installed in 2007-08 were not taken in the dismantle register as the same was missing form the
site. He had enclosed the letter of intimation regarding theft of the articles. He also informed
that the number of heaters replaced against query-2 of 30.
Ground of the Second Appeal:
Incorrect information had been provided by the PIO. No order had been passed by the
FAA.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant : Mr. Anjuman Agnihotri;
Respondent : Mr. V.S.Prasad, APIO & Executive Engineer;
Mr. Maharaj Singh, EE(EMD-353); Mr. H.S.Bhatia, AE(EMDM-3531);
The Appellant points out that PWD PIO has informed him that the medical
superintendent of DDUH Hospital was informed on 07/11/2007 about the theft of heaters in
the Hospital. In RTI application the Appellant claims that he has been informed by Mr. R.P.
Sharma PIO of DDUH Hospital on 21/01/2010 that no letters has been received from Assistant
Engineer about theft of heaters form DDUH Hospital. The Commission sends photocopies of
both these letters to the Medical Superintendent DDUH Hospital to confirm the factual
position. He will inform the Appellant and PWD with a copy marked to the Commission
before 05 March 2010.
Decision:
The Appeal is allowed.
The Medical Superintendent of DDUH Hospital is directed to confirm the actual
position as directed above before 05 March 2010 to the Appellant, PWD and the Commission.
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
15 February 2010
(In any correspondence on this decision, mention the complete decision number.) (BK)
Encl: Copies of two letters.
CC:
To,
Medical Superintendent, DDUH Hospital, Hari Nagar, New Delhi – 110064