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Decision No. CIC /SG/A/2009/000189/2338Adjunct
Appeal No. CIC/ SG/A/2009/000189
SHOWCAUSE HEARING:
Appellant : Mr. A.N. Prasad,
A-311, Meera Bagh,
New Delhi-110087.
Respondent : The Dy. Director (Hort.) & PIO
Municipal Corporation of Delhi
(Horticulture Department HQ)
Tourist Camp Site: J.L.N. Marg,
New Delhi-110002.
RTI application filed on : 04/01/2008
PIO replied : 28/02/2008
First Appeal filed on : 29/02/2008
First Appellate Authority order : 31/03/2008
Second Complaint filed on : 30/01/2009
S.No. Information Sought PIO's reply
1. Please provide the following details of funds(both As regards details of funds (both & non-plan)
plan & non-plan) allocated to the horticulture Deptt. allocated for the said park, it is informed that as per
for the said park for the year 2005-06, in a suitable records maintained in this office, the same maybe
format. treated as 'NIL'.
(a) Amount allocated under each head during
budget estimates and revised estimates for
the said year.
(b) Amount actually spent under each head for
said year.
2. Please intimate the Municipal Ward in which the The park falls in Ward No.191, Shahpur Jat.
said park falls.
3. Please give the exact area of the said park. Area of the park is 0.278 acres.
4. Please give the sanctioned strength and working As regards the sanctioned strength and working
strength of employees at each level from bottom to strength, the same is not clear. The Applicant is
the level of DC(Zone) employed tin horticulture, in requested to clarify whether the information
a suitable format. required is for whole of the zone or for this
particular park. However, the basic information is
as under:
(i)DC(Zone), (ii) DDH/SZ, (iii) ADH/SZ
(iv) SO(H), (v) Supervisor (vi) Mali
5. Please give the names, contact nos. and office As regards the details, the same is as under:
addresses of employees/officials (at all levels), who (i) DC(Zone) Sh B.N. Singh, MCD Zonal Office,
have jurisdiction over the said park. Green Park
(ii) DDH/SZ Sh.Harender Singh
6. Please provide the duty chart and duty timings for Duty timings of Mali is 9.00 a.m. to 5.00 p.m. As
employees/gardeners etc. in these parks and their regards, the job, all job relating to maintenance of
geographical and functional job and responsibilities garden/park.
in a suitable format.
7. What activities-daily, weekly, monthly, quarterly or It is informed that the job includes all job relating
annual maintenance etc. are supposed to be carried to maintenance of garden/park.
out on the said park as per rules including watering,
weeding out etc. Which employees are supposed to
carry out these activities?
8. Have these activities been carried out during the There is no record pertaining to the activity carried
past five years i.e. 2003 to 2007. in past. However, it is informed that the job
relating to maintenance of garden/park are being
carried out form time to time in routine manner.
9. Who is the supervisory officer for the said park? Is The same is not clear. However, the staff detail is
there any prescribed schedule for him/her to inspect given above. As regards, the schedule, it is
the maintenance work? informed that there is no fixed schedule.
(a) Did he/she inspect the work during the period (a) Not applicable in view of above.
mentioned above in point 8, if yes, please mention
the number of occasions for such inspections. Did
he/she find the work satisfactory?
10. Please give the list of all works carried out on the There is no record pertaining to the activity carried
said park during the period as mentioned in point 8 in past. However, it is informed that the job
above. relating to maintenance of garden/park are being
carried out from time to time in routine manner.
11. The appellant want to inspect all works with respect The applicant may contact on 12.03.08 at 3.00 p.m.
to point 10 above. Please indicate the date, time and in the office of Dy. Director (Hort.), South Zone,
venue when he should come and inspect the works. Green Park for inspection/further information.
At the time of inspection, he would also like to
inspect the records related to these works. The
inspection reports as mentioned in point 9 above
should also be available at the venue at the time of
inspection.
The First Appellate Authority ordered:
The First Appellate Authority ordered that "A hearing of the appeal was fixed for 28.03.2008.
The appellant opted not to attend the hearing. Neither the PIO nor any of his representative attended the
hearing. No comments were also furnished. Such a lackadaisical approach on the part of PIO-
Director(Horticulture) is beyond any justification. He is hereby directed to provide complete point
specific information to the appellant Sh. Prasad within 10 days. A report regarding non-attendance of
anybody from the part of the PIO be also furnished to the undersigned within 7 days". Inspite of this the
appellant did not receive any communication from the PIO.
Commission's order on 23/03/2009:
The appeal was allowed. The PIO was directed to give the information to the appellant before
16 April, 2009.
Facts
leading to the Showcase hearing:
The Commission has received a letter dated 29/06/2009 from the Appellant alleging that the
information has not been provided hence a showcause notice was issued to him to present himself
before the Commission on 19/08/2009.
Relevant Facts emerging during Showcause Hearing on 19 August 2009:
The following were present:
Appellant : Mr. A.N. Prasad
Respondent : Dr. Alok Singh, PIO
The Appellant states that most of the information has been provided but no information has been
provided on the Schedule of inspection of the park and the records of works done in the park. The PIO
states that there is no record pertaining to inspection or parks and records of works done in the parks. The
PIO will give this in writing to the Appellant before 27/08/2009.
The PIO informed the Commission that work schedule is now being maintained by the Section
Officers of the works done in the various parks. The PIO is directed to ensure that the details of this are
putup proactively on the website of MCD in compliance of Section 4 requirements. This will be done
before 30 September 2009 and a compliance report will be sent to the Commission.
Shailesh Gandhi
Information Commissioner
19 August 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)