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Decision No. CIC/WB/A/2009/000252/SG/3821
Appeal No. CIC/WB/A/2009/000252
Relevant Facts
emerging from the Appeal:
Appellant : Mr.Harish Tripathi
D.184.Saket,
New Delhi-110017.
Respondent : Mr. P.P.Sharma
PIO
Dy. Dir. Vigilance,
New Delhi Municipal Council,
16th floor,Palika Kendra,
Sansad Marg,
New Delhi-110001.
RTI application filed on : 16/11/2007
PIO replied : 22/11/2007
First appeal filed on : 28/12/2007
First Appellate Authority order : 09/01/2008
Second Appeal received on : 03/10/2008
Sl. No. Information sought PIO's reply
1. Position regarding the The application does not pertain to
Appellant's previous three RTI Vigilance Department, NDMC. It has
applications namely to Medical been taken for investigation and outcome
Officer Health, UACC Dept., of the investigation would be known in
Dept. of Architecture. The delay due course. Application forwarded to
in providing the information concerned authority i.e. UACC under
sought from the aforementioned Chief Architect and Medical Officer of
departments. Health for action.
Grounds for First Appeal:
Information not received within prescribed time limit.
Order of the First Appellate Authority:
Application has been “Forwarded to Unauthorized Construction Cell Under Chief Architect,
NDMC and medical Officer of Health, NDMC”. Application still under investigation in
Vigilance Department- information about the outcome cannot be disclosed.
Grounds for Second Appeal:
1) Provide complete information to the Appellant sought by RTI application vide 16.11.2007
2) Take action against PIO and Appellate Authority his act of not providing the correct
information with in the stipulated time period.
3) Detailed reasons why Vigilance Department failed in its statutory obligation.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr.Harish Tripathi
Respondent: Mr. P.P.Sharma, PIO
The FAA has spoken of a Vigilance Investigation in the matter by his order of 09/01/2008. The
PIO is directed to give the report and action taken on this to the appellant before 5 July 2009.
Decision:
The appeal is allowed.
The PIO will give the information to the appellant before 5 July 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 cost as per Section 7(6) of
RTI Ac.
Shailesh Gandhi
Information Commissioner
24 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
SK