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Decision No. CIC/SG/A/2010/002609/9990
Appeal No.CIC/SG/A/2010/02609
Relevant Facts
emerging from the Appeal
Appellant : Mr. Hakam Singh
J-510/8, Sector-16,
Rohini, New Delhi-110089.
Respondent : Mrs. S. R. Spolia
Public Information Officer & Dy. Director
NDMC, GNCT Delhi
Navyug School Education Society,
Hanuman Lane,
Delhi-110001
RTI application filed on : 10/02/2010
PIO replied : 12/03/2010
First appeal filed on : 30/07/2010
First Appellate Authority order : 19/08/2010
Second Appeal received on : 16/09/2010
Hearing notice sent on : 05/10/2010
Sl. Information Sought Reply of the Public Information Officer (PIO)
Five applications were transferred by the PIO to various Departments. The reply of the PIO to the application
dated 10/02/2010 (transferred vide OM No. A-43020/01/2010 dated 22/01/2010) is as under:
1. Action taken by the Ministry of Home Affairs to The NDMC is a statutory body set up under the
ensure compliance of the following instructions NDMC Act, 1994 and necessary action on the
/Orders by NDMC in the Navyug Schools: instructions issued by the DoP&T is to be taken
(i) OM No.36038/1/2004-Estt(Res) dated 5/08/2004. by the NDMC.
(ii) No.36038/1/2004-Estt.(Res.) dated 29/11/2004.
(iii) No. 36038/1/2004-Estt(Res) dated 31/01/2006.
(iv) 36038/1/2004-Estt(Res) dated the 3/10/2006.
(v) No. 36033/2/2006-Estt(Res) dated 12/10/2007:
(vi) No.36033/1/ 2008-Estt(Res.) dated the
15/07/2008.
2. Action taken on non-compliance of the above No such information is available as per the
mentioned orders. records maintained in Delhi-II Desk of this
Ministry.
3. Similar to query no.2. The petitioner has sought opinion, reason, etc
which is not covered under the definition of the
term ‘information’ in section 2(f) of the RTI Act,
2005.
4. Similar to query no.2. The petitioner has sought opinion, reason, etc
which is not covered under the definition of the
term ‘information’ in section 2(f) of the RTI Act,
2005.
Grounds for the First Appeal:
No reply of the Chairman, NDMC.
Order of the First Appellate Authority (FAA):
The First Appellate Authority (FAA) in its order directed the PIO, NSES to provide the information as per
available record to the appellant within 15 days from the date of issue of the order. The information has to
be provided free of cost through speed post.
Hence, the appeal was disposed off by the First Appellate Authority.
Grounds for the Second Appeal:
Non-compliance of the order given by the First Appellate Authority.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Hakam Singh;
Respondent: Mr. R.K. Verma, Jr. Clerk; Mrs. S. R. Spolia, PIO & Dy. Director; Dr. A. K. Saxena, Director
(Delhi), Ministry of Home Affairs; Mr. Rajeev Kumar, Section Officer (Delhi-II);
The appellant had sought information form the Home Ministry about the action taken in certain
matters. The Home Ministry has stated that these are handled by MCD directly and hence he transferred
the RTI Application to NDMC. PIO NDMC has provided the information but is providing the following
clarifications which are being recorded by the Commission:
A Query-1: The respondent states that no action has been taken on the Office Memorandums
mentioned by the appellant.
B- Query-2(b): PIO Home states that no action has been taken by Ministry of Home.
C- Query-4(a): The PIO Home states that no action has been taken in this matter.
The Commission directs the PIO to provide the following information:
1 Query-2: The exact status as per the RTI Application.
Decision:
The Appeal is allowed.
The PIO NDMC is directed to give the information on pont-1(Query-2) as directed
above to the appellant before 20 November 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
02 November 2010