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Decision No. CIC/SG/A/2010/003181/10671
Appeal No. CIC/SG/A/2010/003181
Relevant Facts
emerging from the Appeal
Appellant : Mr. Chhattar Singh Rachhoya
D-569, Phase II, Nangloi,
New Delhi-110041
Respondent (1): Mr. Prakash Chandra
Public Information Officer & Joint Director
SC/ST Welfare Department,
Government of NCT Delhi,
B-Block, Second Floor, Vikas Bhavan,
IP Estate, New Delhi-110002
Respondent (2): Public Information Officer
Irrigation and Flood Control Department
Government of NCT Delhi,
4th Floor, ISBT Building,
Kashmere Gate, Delhi-110006
RTI application filed on : 04/09/2010 & 15/09/2010
PIO replied : 01/10/2010
First appeal filed on : 05/10/2010
First Appellate Authority order : 10/11/2010
Second Appeal received on : 12/11/2010
Information Sought:
Maintenance details of Choupal such as on whose orders all the activities are undertaken were sought. The
appellant also queried as to if any order form a competent court is not followed, then who is held responsible. The
appellant also asked if the PIO has signed any MoU with anyone to handover the Regar Choupal because if done so
then they all go against the order of court.
Reply of the Public Information Commissioner:
The PIO replied that they haven’t signed any MoU in the last three years. Many of the queries did not seek
information as per RTI Act 2005 therefore they are ignored. The budget, list of Choupals made, etc were enclosed.
Grounds for the First Appeal:
Insufficient reply by the PIO.
Order of the First Appellate Authority (FAA):
The FAA had ordered that details of chaupal and details of handing of chaupal should be sent to the
Appellant by sending direction to Chief Engineers-I & II of Irrigation and Flood Control Department.
Grounds for the Second Appeal:
Request to the concerned PIO to give true and complete information as soon as possible.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Chhattar Singh Rachhoya;
Respondent : Mr. D. K. Rastogi, Dy. Director on behalf of Mr. Prakash Chandra, PIO & Jt. Director;
The FAA had ordered that details of chaupal and details of handing of chaupal should be sent to the
Appellant by sending direction to Chief Engineers-I & II of Irrigation and Flood Control Department. The
Appellant admits that he has received the information from the Irrigation and Flood Control Department as
per the order of the FAA. However, the information provided by the PIO had stated that the chaupals are
given to the Institutions based on the recommendations by the MLA. The Appellant points out that no copy
of the recommendation of MLA has been provided to him by the Irrigation and Flood Control Department.
Decision:
The Appeal is allowed.
The PIO Irrigation and Flood Control Department is directed to provide copies of the
recommendations of MLAs which were received based on which the chaupals were handed
over to various organizations. If these letters are not on the record this should be stated. The
PIO will provide this information to the Appellant before 25 January 2011.
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
28 December 2010
(In any correspondence on this decision, mention the complete decision number.) (PBR)