Central Information Commission Judgements

Mr.Dhanraj Puri vs Mcd, Gnct Delhi on 17 March, 2011

Central Information Commission
Mr.Dhanraj Puri vs Mcd, Gnct Delhi on 17 March, 2011
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                        Decision No. CIC/SG/A/2011/000098/11530
                                                                Appeal No. CIC/SG/A/2011/000098

Relevant Facts

emerging from the Appeal

Appellant : Mr. Dhanraj Puri
10, Sawan Park Extra,
Ashok Vihar Phase III
Delhi-110052

Respondent 1 : Mr. Rajesh Taneja
Public Information Office & SE-II
Municipal Corporation Delhi,
Office of Superintending Engineer-II,
South Zone Green Park,
New Delhi-110016

Respondent 2 : Mr. Tirth Ram
Public Information Office & Assistant Director(Vig.),
Municipal Corporation Delhi,
Vigilance Department
SPM Civic Center, 26th Floor,
New Delhi-110005

Respondent 3 : Public Information Office & Nodal Officer (Engineering)
Municipal Corporation Delhi,
SPM Civic Center, 9th Floor,
Minto Road, New Delhi-110005

Respondent 4 : Public Information Office &
Administrative Officer (CED)
Municipal Corporation Delhi,
Central Establishment Department
SPM Civic Center, 22th Floor,
Minto Road, New Delhi-110005

RTI application filed on : 30/08/2010
PIO reply 1 : 17/09/2010
PIO reply 2 : 22/09/2010
First appeal filed on : 10/11/2010
First Appellate Authority order : Not enclosed.
Second Appeal received on : 10/01/2010

S.No Information sought by the appellant Reply of the PIO

1. Specify the date on which Mr. Ashwini Raina was appointed in MCD as Jr. Not related to this
Engineer. department.

2. Specify the selection procedure adopted by MCD. Also provide for the Same as above.

photocopies of DSSB result or mark sheet on behalf of which Mr. Ashwini
Raina was considered selected.

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3. Specify the basic qualification of Ashwini Raina for selection of J.E. in MCD Same as above

4. Specify information regarding Mr. Ashwini Raina’s postings in the MCD at Same as above
the time of joining. Also provide for promotion wise joining details.

5. Specify information regarding any complaints, cases, charge sheets or Same as above
enquiries pending against Mr.Ashwini Raina in any of the investigating
agencies like CBI, CVC etc.

6. Specify information regarding any point of time when any disciplinary action Same as above
was taken against Mr. Ashwini Raina.

7. Specify information regarding the assets declared by Mr. Ashwini Raina at the Same as above
time of joining and his current assets.

8. Specify information regarding his residence and vehicle at the time of joining Same as above
and his present residence and vehicle owned.

9. Specify information regarding the number of mobile No.s used by Mr. Same as above
Ashwini Raina, the mobile numbers and the duration for which those mobile
numbers have been used.

10. Specify information regarding any other source of income of Mr. Ashwini Same as above
Raina.

11.    Specify information regarding, whether Mr. Ashwini Raina has worked in the       Mr. Ashwini Raina had
       building department of MCD, if yes than provide information about the            worked in the building
       properties booked by him, properties sealed by him and properties demolished     department from 28/06/05
       by him.                                                                          to 25/07/06.
                                                                                        The           photocopies
                                                                                        regarding the bookings
                                                                                        made can be obtained.
                                                                                        The registers regarding
                                                                                        demolition have been
                                                                                        seized by the CBI.
12.    Specify information regarding whether any chargesheets are pending against       Same as above

Mr. Ashwini Raina And also if the department is aware of the details of the
said chargesheets.

First Appeal:

Reply was incomplete and unsatisfactory.

Order of the FAA:

Not enclosed.

Ground of the Second Appeal:

Not satisfied with the reply of the PIO.

Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent;

Respondent 1: Mr. P. V. Singh, EE(B) on behalf of Mr. Rajesh Taneja, Public Information Office &
SE-II South Zone Green Park;

Respondent 2:Mr. Tirth Ram, Public Information Office & Assistant Director(Vig.);

The Respondent states that the RTI application received by Nodal Officer (HQ) (Engineering)
on 30/08/2010. He transferred the RTI application to PIO(Vigilance), AC(South Zone) and AC(Karol
Bagh Zone) on 03/09/2010. AC(South Zone) provided information on query-11 on 16/09/2010 but did
not have information on any one of the other queries. For the balance points the PIO/AC(South)
forwarded it to AC/PIO(CED). PIO(Vigilance) sent information on query-5, 6 & 12 to the Appellant
on 12/10/2010.

The Respondents state that the information on queries 1, 2, 3 & 8 has to be provided by
PIO(CED) and information on query-4, 7, 8 & 10 has to be provided by PIO(Engineering). The RTI
Application had originally been filed with Nodal Officer(HQ) Engineering who should have provided
the information on queries 4, 7, 8 & 10. PIO(South Zone) had transferred the RTI application on
16/09/2010 to PIO(CED) who should have sent the information to the Appellant
on queries 1, 2, 3 & 8.

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Decision:

The Appeal is allowed.

The PIO/Nodal Officer(Engineering) is directed to provide the information on
queries 4, 6, 8 & 10 to the Appellant before 10 April 2011.

The PIO(CED) is directed to provide the information on queries 1, 2, 3 & 8 to the
Appellant before 10 April 2011.

If any other information is available with both the PIOs this should be provided.
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
17 March 2011
(In any correspondence on this decision, mention the complete decision number.) (SK)

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