Central Information Commission Judgements

Mr. Bhagat Singh vs Municipal Corporation Of Delhi on 24 November, 2008

Central Information Commission
Mr. Bhagat Singh vs Municipal Corporation Of Delhi on 24 November, 2008
                  CENTRAL INFORMATION COMMISSION
                           Room No.415, 4th Floor, Block IV,
                          Old JNU Campus, New Delhi 110066.
                                Tel: + 91 11 26161796

                                          Decision No. CIC /WB/A/2008/00338/SG/0292
                                                    Appeal No. CIC/WB/A/2008/00338/

Relevant Facts

emerging from the Appeal

Appellant : Mr. Bhagat Singh
31, Aliganj Kotla Mubarakpur,
New Delhi

Respondent 1 : Deputy Commissioner (Central Zone)&
Public Information Officer under RTI
Act 2005,
Municipal Corporation of Delhi,
Central Zone, Jal Vihar, Lajpat Nagar,
New Delhi – 110024

Respondent 2 : Addl. Commissioner (Egg.) &
First Appellate Authority under RTI Act 2005,
Municipal Corporation of Delhi,
Room No. 28, Town Hall, Chandni Chowk,
Delhi – 110006.

RTI filed on                         :      06/08/2007
PIO replied                          :      12/09/2007
First appeal filed on                :      05/10/2007
First Appellate Authority order      :      Not Mentioned
Second Appeal filed on               :      06/02/2008

S. No.          Information Sought                   PIO's Reply

The Appellant filed an application seeking The MOU has been signed between the
information regarding the MOU signed MCD & Manushi Sangathan.
between the MCD and Manushi Sangthan.
The quest as follows:

1. With whom the MOU has been singned
between MCD & Manushi Sangathan or
between MCD & Manushi Human Right
Front?

2. If the MOU have not been signed with The answer has been given by the work
the Manushi Sangathan than why Dept.
correspondent going on?

3. Please provide the copy of the order in MOU was singned by the Manushi.

which MOU with Manushi Nagrik
Adhikar Manch was cancelled and a
new MOU with Manushi Sangathan
was made.

4. Pleases provide the records of The copy had been provided already.

registration under Socities Act of
Manushi Nagrik Adhikar Manch and
Manushi Sangathan.

5. How many Human Welfare Association MOU have been done between Manushi.

have been invited before the MOU There is no record available in the office
signed with the Manushi Human Right related to inviting any other organization.
Front? If not then Why?

6. Please provide the copy of the order by Copy attached.

which the Commissioner (CZ) gave the
order to sign the MOU.

The First Appellate Authority Order:
Not mention.

Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Bhagat Singh
Respondent: Mr. S.K.Midha DC Central, First AA representing
Mr. Gyanesh Bharti, PIO.

After discussions with the respondent and appellant the Commission was able to come to the
following conclusions:

Queries 1 and 2 do not seek ‘information’ as defined under the Act.
On query 3, the department will have to give a document by which it is shown that there is a
legal basis for dealing with Manushi Sangathan or reply that there is no such basis.
On query 4, a copy of the registration of Manushi Sangathan has been provided. The PIO will
either provide a copy of the registration of Manushi Nagrik Adhikar Manch or state that they
do not have it.

Query 5 has been answered.

On query 6, the PIO will either give a copy of any authorization for the MOU or state that no
such authorization exists.

Decision:

The Appeal is allowed.

The information will be provided to the appellant before 30 November, 2008.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties

Shailesh Gandhi
Information Commissioner
24h November, 2008.