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Decision No.CIC/SG/A/2010/000648/7558
Appeal No. CIC/SG/A/2010/000648
Appellant : Dr. Man Mohan Gulati,
115-A, SFS, DDA Flats,
Gulabi Bagh, Delhi-110007
Respondent : Mr. R. Prasad
Public Information Officer &
Superintending Engineer,
Municipal Corporation of Delhi,
Civil Line Zone, 16 Rajpur Road,
Delhi-110054
RTI application filed on : 18/11/2009
PIO replied : Not mentioned
First Appeal filed on : 04/01/2010
First Appellate Authority order : 12/01/2010
Second Appeal Received on : 10/03/2010
Notice of Hearing Sent on : 22/03/2010
Hearing Held on : 23/04/2010
Information sought:
Appellant sought following information:
1. Copy of letter No.: PS/ADDL. COMMR (S & J J) & AA/2006/D-412 dated
28/07/2006 referred to in the above letter
2. Name & designation of the official/Deptt. directed by DC to send proposal to the
Assistant Commissioner (Eng.) for disciplinary action against Sarvshri. N. K.
Kaushik, AE, P.K. Chauhan, JE, A.K Gaur, JE and Rajeev Narang, JE who failed to
book the properties carrying unauthorized construction/ projections.
3. Copy of the proposal as prepared for recommending disciplinary action.
4. Copy of the rule of law or provision DMC Act, 1957 under which the booking of
these properties are mandated and imperative on the part of above AEs/JEs.
PIO's Reply:
Not enclosed.
Grounds for First Appeal:
Information not provided till date.
Order of the First Appellate Authority:
"that the main ground of appeal is non supply of information to the Appellant by the P.I.O
despite the expiry of stipulated time of 30 days. The PIO is directed to furnish detailed and
complete information asked by the Appellant within a period of 10 days."
Grounds for Second Appeal:
Information not provided.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Dr. Man Mohan Gulati;
Respondent: Mr. R. Prasad, Public Information Officer & Superintending Engineer;
The Appellant has not been given any meaningful information and MCD has gone into a
loop by giving the RTI application to various people. The Appellant is providing a copy of the
letter no 1012/PA/DC/CLZ/2006 dated 03/08/2006 which he has got to the PIO. The PIO is
directed to find out the action taken on this letter and provide the information to the appellant
giving copies of letters and notings in this matter. At some stage if no action has been taken this
should be stated.
The Appellant has clearly been harassed and has had to file the first and second appeal
completely unnecessarily. Because of transfers of various officers and the completely inefficient
handling o this RTI Application this has occurred. The Commission therefore directs MCD to
provide a compensation of Rs.2000/- to the Appellant in view of the loss and determent suffered
by him in filing the appeals and coming for the hearing.
Decision:
The appeal is allowed.
The PIO Mr. R. Prasad is directed to ensure that the information as directed
above is provided to the Appellant before 15 May 2010.
He will also ensure that a cheque for compensation of Rs.2000/- is given
Dr. Manmohan Gulati before 15 May 2010.
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
23 April 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj