CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/003125/6536
Appeal No. CIC/SG/A/2009/003125
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Harishankar Thakur
SATHI-NGO, B-1751, IInd Floor,
Near SBI, Jahangir Puri,
Delhi - 110033
Respondent :
Public Information Officer
Delhi Electricity Regulatory Commission
Govt. of NCT of Delhi
Viniyamak Bhawan, C-Block,
Shivalik Malviya Nagar,
New Delhi – 110017
RTI application filed on : 11/08/2009
PIO replied : 01/09/2009
First appeal filed on : 17/09/2009
First Appellate Authority order : 16/10/2009
Second Appeal received on : 12/12/2009
Date of Notice of Hearing : 22/12/2009
Hearing Held on : 22/01/2010
Information Sought
The Appellant had sought following information from PIO DERC:
1- Whether NDPL or Electricity Company issues Memo notice in order to change the
seal of the meter.
2- Whether any written application can be registered for installation of new seal after
removing old seal.
3- Whether officers are guilty or not in this matter.
4- If it found that some one is guilty then who will be responsible for this.
5- What are directions in this regards? 6- What action can be taken by the Electricity Distribution Department if some one else
signed the application at the time of checking of load.
PIO’s Reply:
The PIO replied as follows:
“Kindly refer to your application dated 11.08.2009. In the context of your application it is to
inform you that the power distribution companies in (DISCOMS) in Delhi are not presently
covered under the RTI Act, 2005. This matter was considered by the Central Information
Commission (CIC) while declaring the Discoms ‘Public Authority’ as defined under the RTI
Act, 2005, in their order dt. 30-11-2006. However, the Order of CIC has been stayed by the
Hon’ble Delhi High Court on the writ petitions filed by thy
Discoms. More recently in the matter of DERC Vs. CIC & Ors. (W.P.(C) 6735/2007) in the
order dated 23.04.2009, the Hon’ble Delhi High Court has directed that DERC cannot use its
regulation power merely to obtain information (not already with it) from other bodies or
concerns, in order to answer queries or information applications received by the DERC. The
order has made it clear that DERC cannot be compelled to access information for any of the
DISCOMS.”
First Appeal:
No information was provided by the PIO.
Order of the FAA:
The FAA ordered that, ” 2- I have gone through the contents of the appeal dated 17.09.2009
made under Section 19(1) of the RTI Act, 2005 an the information provided by the CPIO, DERC
vide letter dated 01.09.2009 in response to your initial RTI Application dated 11.08.2009. It has
been noted that the CPIO has informed you about the Hon’ble Central Information Commission
(CIC) order dated 31.11.2006 and the subsequent stay granted to Discoms thereon by the Delhi
High Court and most recent matter of DERC Vs. CIC & Ors. (W.P.(C)6735/2007) in the order
dated 23.04.2009, the Hon’ble Delhi High Court has directed that DERC cannot use its
regulating power merely to obtain information(not already with it) from other bodies or
concerns, in order to answer queries or information applications received by the DERC. The
order has made it clear that DERC cannot be compelled to access information from any of the
DISCOMS.”
Ground of the Second Appeal:
Information was not provided by the PIO, even the FAA had also not provided information.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Harishankar Thakur;
Respondent: Absent;
The Appellant states that he is only seeking information about whether DERC has issued
any guidelines or circulars on the matters raised by him in his RTI Applications. He is not
interested in getting any information from the DISCOMS. If DERC has issued any guidelines on
the matters raised by the appellant the PIO will provide these to the Appellant. In case no
guidelines or circulars have been issued in the matter the PIO will state it categorically.
Decision:
The Appeal is allowed.
The PIO will give the information as directed above to the Appellant before 10 February
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 January 2010
(In any correspondence on this decision, mention the complete decision number.)(Rm)