Central Information Commission Judgements

Mr.K K Sharma vs Transport Department Of Gnct … on 16 June, 2011

Central Information Commission
Mr.K K Sharma vs Transport Department Of Gnct … on 16 June, 2011
                     CENTRAL INFORMATION COMMISSION
                         Club Building (Near Post Office)
                       Old JNU Campus, New Delhi - 110067
                              Tel: +91-11-26161796

                                                       Decision No. CIC/SG/A/2011/000975/12897
                                                               Appeal No. CIC/SG/A/2011/000975
Relevant facts emerging from the Appeal:

Appellant                          :       Mr. K. K Sharma,
                                           B- 238, South Motibagh,
                                           New Delhi-110021.

Respondent                         :       Mr. Joginder Sharma
                                           PIO & Deputy Commissioner (Admin. &Vig)
                                           Link Officer
                                           Transport Department, GNCT of Delhi,
                                           5/9 Under Hill Road
                                           New Delhi-110054

RTI application filed on           :   13/10/2010
PIO replied on                     :   03/11/2010
First Appeal filed on              :   16/11/2010
First Appellate Authority order on :   15/02/2011
Second Appeal received on          :   08/04/2011
SL.                       Query                                  Reply of PIO
1.    Information pending in the matter of my Pertains to the Department of Transportation.
      IDNo.9& ID No. of Appeal No.388. It is
      pending on the basis of grounds may be
      informed and under which Administrative
      law?

2.   License No.C09052000171282 date of issue         Does not pertain to this office.
     1/1/19972 valid up to 29/6/2009.deposited At
     Zonal office Vasant Vihar for renewal is not
     delivered to me till date may be return With
     written reasons and authority for keeping me
     deprived of license.
3.   Deputy        commissioner    (Administrative)   Question is not clear. No material information has
     Derives the powers to withhold the license Of    been sought for.
     M L 0 under the provision of MV Act and
     CMVR may be provided.
4.   How many MLO.MVI and PLTI Discharging            Nil. MLO, MVI, PLTI have commercial driving
     duties without commercial licenses.              license.
5.   Charge held by MLO (AR) w.e.f. 23/8/2010         The charge of MW ARU was first given to Sh.
     till date shall be provided.                     Subhash Chandra, PCO (VIU Burari) being a link
                                                      officer and thereafter Sh. R. Ramanathan has been
                                                      discharging his duty as MLO (VIU burari) since 23-
                                                      09-2010 (Copy of order enclosed). The matter of
                                                      sanction of leave is under consideration.

Grounds for the First Appeal:
1. First information with regard to Appeal No. 388. not addressed at all.
2. License No.C09052000 171282 seized by Sh. A.Chikara MLO Vasant Vihar on the order of DC
(Admin&Vig) not renewed till this date.
3. Administrative officer refused to understand the information related to above serial No. 2 and
License seized by his order not released till date.
 4. Information given is incomplete without photo copy of license particular held by the
PCO/MVI/PLTI /DTI amounting to furnishing incorrect information.
5. Joining order of officers not given, corruption at AAUI ignored by DC (Vig) and no information of
status of complaint given.

Order of the First Appellate Authority (FAA):
The FAA directed the PIO to provide the information within 10 days.

Ground of the Second Appeal:
Information sought on point No. 2,3, 4 as ordered by FAA not complied till date

Relevant Facts

emerging during Hearing:

The following were present
Appellant: Mr. K. K Sharma;

Respondent: Mr. Joginder Sharma, PIO & Deputy Commissioner (Admin. &Vig) Link Officer;

The PIO has submitted various informations but the Appellant is not satisfied. The
Commission is reframing some of the queries in consultation with the Appellant:
1- Whether MLO has to go for any training for refresher training for Heavy License.
2- Action taken on the complaint given by the Applicant vide diary no. 9905 dated 21/08/2009
in the following format:

         Date on which       Name and designation Action           Date on which forwarded
         Complaint           of                      taken         to
         received            The officer receiving                 Next officer/office.
                             it.


*there will be as many rows as the number of officers who handled the complaint.

Attested photocopies of all letters and notings will be provided.

Decision:

The Appeal is allowed.

The PIO is directed to give the information on the point above as per the
available records to the Appellant before 05 July 2011. The PIO will give attested
photocopies of any documents based on which he is providing the information.
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
16 June 2011
(In any correspondence on this decision, mention the complete decision number. (DW))