In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/001976
Date of Hearing : October 21, 2011
Date of Decision : October 21, 2011
Parties:
Appellant
Shri I.H. Khan
National Secretary Citizen of India
All India Samaj Sewa Dal (Regd.)
A 71, Shashtri Nagar,
Delhi 110 052
The Appellant was present through his authorized representative, Shri S.P Gupta.
Respondents
Irrigation & Flood Control Department
Government of NCT of Delhi
Delhi
Represented by: Shri I S H Kumar, SE and Shri M.K. Kapoor, EE
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001976
ORDER
Background
1. The Applicant filed his RTIapplication dated 24.05.2011 with the Chief EngineerI, Irrigation and
Flood Control Department, Delhi seeking certain information about a work carried out by the public
authority which, according to the Applicant, had started on 28.12.2010. He (Applicant) had described
the said work as “restoration of approach road from irrigation channel (near RD 771 M) toward Shiv
Ram Park Nilothi area”. The PIO, vide his letter dated 07.07.2011, while answering the Appellant’s
RTIqueries pointwise, also categorically informed him that no information is available about any
work which had started on 28.12.2010. He, however, mentioned that the official letter (referred to in
the above RTIapplication) submitted by the Applicant and on which the Applicant is relying while
seeking the information under RTI, dated 20.06.2011 does not carry its full contents and thereby
shows the act of concealment of facts by the Applicant which is a criminal offence. He (PIO),
therefore, asked the Applicant to disclose the source of the said official letter.
2. The Applicant, in the meanwhile, filed his 1stappeal dated 23.06.2011 with the Appellate Authority
(AA) which the AA dismissed vide his order dated 18.07.2011 on the ground that the Appellant has
failed to appear in his (AA) office on 14.07.2011 at 11:00 a.m. in response to his office letter dated
04.07.2011. Aggrieved with this, the Appellant filed the present petition dated nil before the
Commission (received on 10.08.2011) requesting that the photocopy of complete file of the above
described work be directed to be furnished to him.
Decision
3. During the hearing, the Respondents, while admitting that the work described by the Appellant has
been executed, maintained that they have no records showing the start of the above work on
28.12.2010–the date the Appellant has mentioned in his RTIapplication. The Appellant’s
representative then stated that the Appellant might have indicated ‘the wrong date’ in his RTI
application, but the information he wants to obtain is admittedly present with the Respondents. He
accordingly requested that the Appellant be given an attested copy of the complete file dealing with
the above described work. The Respondents stated that they would be happy to provide the
information.
4. In view of the above, it is directed that the PIO shall furnish attested copy of complete file, dealing
with the above described work, to the Appellant after collecting from him the requisite fee i.e Rs. 2/
per page. This information to be furnished to the Appellant by 15.11.2011.
5. Appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri I.H. Khan
National Secretary
All India Samaj Sewa Dal (Regd.)
A 71, Shashtri Nagar,
Delhi 110 052
2. The Appellate Authority (RTI)
Office of the Chief Engineer I
Irrigation & Flood Control Department
Government of NCT of Delhi
4th Floor, ISBT Building, Kashmere Gate,
Delhi 110 006
3. Public Information Officer
Office of Executive Engineer,
Civil Division XII,
Irrigation & Flood Control Department
Government of NCT of Delhi
Basai Dara Pur, Opp. E S I Hospital,
Delhi 110 027
4. Officer in charge, NIC