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Decision No. CIC/SG/A/2008/00044/1642
Appeal No. CIC/ SG/A/2008/00044
Relevant facts emerging from the Appeal:
Appellant : Mr. Dharamvir Singh,
C - 72/2A, Mohanpuri, Maujpur,
Delhi - 110053.
Respondent : Mr. Tirth Ram,
PIO,
Municipal Corporation of Delhi,
Directorate of Inquiries, 2nd Floor,
Nigam Bhavan, Kashmiri Gate,
Delhi.
RTI application filed on : 16/06/2008 PIO's Reply : 10/07/2008 First Appeal filed on : 29/07/2008 First Appellate Authority order : 12/09/2008 Second Appeal filed on : 07/10/2008
Details of information required with the PIO’s reply as under:
S.No. Information Sought PIO’s Reply
1. Whether Dept. is well aware regarding The Dept. is well aware regarding the tenure of
Tenure of Staff working under Inquiry staff working under Directorate of Inquiries.
Dept. along with LDC/UDC etc. The detail is annexed as Annexure ‘A’.
2. Whether Dept. is well aware regarding Yes, detail as mentioned above.
Tenure of Sh. Devender Kumar
Taneja, if yes, please provide me the
details since he is working.
3. Whether Dept. is well aware of D.K. The inquiries are being conducted as per rules
Taneja above named is as per Rules of and regulation laid down in this regard and
MCD as well as Hon’ble High Court there is no question of individual influence of
of Delhi is not having his influence in any staff working in this Dept. including Sh.
the proceeding of Enquiry. Taneja who is simply working as Jr.
Stenographer.
4. Whether Dept. is well aware regarding Evidence Act is not applicable.
to follow the Evidence Act in
proceedings or not, if not, then reason.
5. Whether Dept. follow ‘Lawful’ Yes, The dept. follows the lawful proceedings
proceedings in the eyes of natural as per the natural justice.
justice or not? If not then give the
reasons please.
6. Total no. of ‘RDA’s inquiry cases’ As per record of this Dept. total number of
submitted to the Inquiry Dept. Since cases instituted in Directorate of Inquires w.e.f.
01-01-02 to 31-12-07. 01-01-02 to 31-12-07 is 1214.
7. Total no of the cases found Transferred to Vigilance Dept.
Defaulter’s.
8. Total no of the ‘exonerate’ cases. As above.
9. Please provide C.D. of the copies of As above.
the total cases since 01-01-02 to 31-
12-07.
10. Please provide the Rules & Resolution This point has already been replied and the
reg. ‘Defense – Assistant’ whether copy of relevant regulations was attached with
AN-DA can defend more then two letter no. D/19/PIO/2002 dated 10-07-08.
cases at a time
11. Whether Dept. is ensuring regarding Yes.
defense assistance if they are under
rule/reg./lawful if no, please provide
the reason.
First Appellate Authority Ordered:
Not mentioned.
Relevant facts emerging during hearing:
The following were present.
Appellant: Mr. Dharamvir Singh
Respondent: Mr. A.K. Verma ALO vigilance on behalf of Mr. U.B. Tripathi PIO Vigilance
And Mr. G.B. Singh PIO Director of Enquiry
The respondent has provided most of the information to the appellant. The PIO is directed to
provide the ‘Total no of the ‘exonerate’ cases’ during the period, as asked in query 8 to the
appellant.
Decision:
The Appeal is partially allowed.
The PIO will provide the information sought at point 8 to the appellant before 28 February 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
13th February, 2009
(In any case correspondence on this decision, mention the complete decision number.)