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Decision No. CIC/SG/A/2009/002749+002909/6033
Appeal No. CIC/SG/A/2009/002749+002909
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Dharam Vir Singh
C/72/2A, Mohan Puri, Mauz Pur,
Delhi – 110053
Respondent : Mr. U.B.Tripathy
PIO & Director (Vigilance)
Municipal Corporation of Delhi
Vigilance Department, 16, Rajpur Road,
Civil Lines, Delhi – 110054
RTI application filed on : 15/07/2009
PIO replied : 11/08/2009 (also transferred) & 27/08/2009
First appeal filed on : 19/08/2009
First Appellate Authority order : Not mentioned
Second Appeal received on : 27/10/2009
Date of Notice of Hearing : 23/11/2009
Hearing Held on : 22/12/2009
Information Sought:
1. Circular Rule regarding certification as to whether vigilance department was responsible to
produce the PW before the Director of Inquiry.
2. Whether the PO was directly under the supervision and control of the vigilance department.
3. Action that may be taken against P.W who did not attend hearing before Director of Enquiry
and did not follow orders of summon of D.O.I.
4. Action taken against P.W if he habitually does not attend hearing.
5. Name and designation of the Reporting Officer following the aforementioned activity.
6. Information regarding the authority of Sh. Ravi Das, presently E.N.C with a record of five
years regarding the attendance of P.W.
7. Action taken against Sh. Ravi Das for being absent from hearings and the total no. of
hearings he has missed in five years.
8. Copy of summons being issued to Sh. Ravi Das along with copy of acknowledgement.
9. Copy of speaking order of the competent authority who suspended the Appellant in case no.
3/268/2006/VIG/CPC/DAII/2007/08 dated 05/01/2007.
Reply of the PIO:
1. Not available.
2. Yes.
3. Pertains to DOI.
4. Question is not clear and may pertain to enquiry officer.
5. Question is not clear.
6. Pertains to enquiry officer.
7. Pertains to Dy. DOI – I. copy of the application has been forwarded.
8. Same as above.
9. Copy attached.
(Points no. 3,4,6,7 and 8 were transferred to the DOI who replied vide letter dated 27/08/2009)
Regarding points 3, 4 and 7 no action had been taken but letter had been issued to PW for
appearing in inquiry proceedings.
Point no. 6 was not related to the department.
Regarding point no. 8 11 summons were issued and copies of the same can be collected from this
office.
First Appeal:
Unsatisfactory information provided by the PIO.
Order of the FAA:
Not mentioned.
Ground of the Second Appeal:
That the Appellant has still not been supplied with the proper information.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Dharam Vir Singh;
Respondent : Mr. G.K.Gandhi, ALO on behalf of Mr. U.B.Tripathy PIO & Director (Vigilance);
Mr. Tirath Ram, Dy. Director of Inquiry (Directorate of Inquiry);
The complete information has been provided to the Appellant on 27/08/2009 as admitted
by him. The PIO is directed to give information to the Appellant about the number of time Mr.
Ravi Das has been absent in all cases in the last 5 years inquiry and if there are any reasons on
the records, this will be provided. The PIO will also provide copies of all summons issued in the
last 5 years to Mr. Ravi Das. The PIO has given what he considers as a speaking order of
Additional Commissioner (CSE). The PIO is directed to give the name of the then Additional
Commissioner who has signed this order.
Decision:
The Appeal is allowed.
The PIO is directed to give the information as directed above to the Appellant before 20
January 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
22 December 2009
(In any correspondence on this decision, mention the complete decision number.)(PS)