Central Information Commission Judgements

Mr. Piyush Jain vs Transport Department, Govt. Of … on 30 December, 2009

Central Information Commission
Mr. Piyush Jain vs Transport Department, Govt. Of … on 30 December, 2009
                     CENTRAL INFORMATION COMMISSION
                         Club Building (Near Post Office)
                       Old JNU Campus, New Delhi - 110067
                              Tel: +91-11-26161796
                                                            Decision No. CIC/SG/A/2009/002880/6162
                                                                   Appeal No. CIC/SG/A/2009/002880
Relevant Facts

emerging from the Appeal:

Appellant                              :       Mr. Piyush Jain,
                                               House No. 341/2a/4a Shalimar Park,
                                               Shahdara, Delhi - 110023,
                                               Near Jharkhandi Shiv Mandir.

Respondent                             :       Mr. C.S.Nawani
                                               Public Information Officer &
                                               Pollution Control Officer
                                               Govt. of NCT of Delhi,
                                               Transport Department,
                                               5/9, Under Hill Road, Delhi - 110054.

RTI application filed on                :      29-09-2009
PIO replied                             :      06-08-2009
First appeal filed on                   :      17-08-2009
First Appellate Authority order         :      09-07-2009
Second Appeal received on               :      10-11-2009
Date of Notice of Hearing               :      25/11/2009
Hearing Held on                         :      30/12/2009

The Appellant had sought following information from PIO, Transport Department, Govt. of NCT
of Delhi regarding name of the company are manufactured the RC of Registered vehicles by Delhi Govt.
in Delhi and company director’s name.

Sl.                 Information sought                                  PIO's reply
1.    How much fee is paid for making two            The photocopy from Citizen Charter related to
      wheelers and commercial's vehicle RC?          fees has been provided to the appellant.

2. Is it true that have provision of Rs. 200/- in The photocopy of Deli Gazette dated 26 Feb 2004
the Act of Central Motor Vehicle for making has been provided to the appellant.
of RC Despite of this taking more than of Rs.

200/- in Delhi why. It is non-legal or not.

Please tell me.

3. What is the provision for getting the RC after Fifteen days, also mentioned in Citizen Charter.

registering of vehicle?

4. If company does not make RC within the Clause 4(a) of the agreement signed with M/s
time, is any provision for taking action STIL stipulates as “Shonkh shall provide the
against company. performance bank guarantee in the sum of Rs. 50
lacs within 15 days from the date of signing of
this Agreement” copy of Agreement has been
provided to the appellant.

5. Sine the company got the contract how many Approx.23 Laxs Smart Card based Registration
RC’s are made by company. Certificate has been issued up to 31 May 2009.

The details of Cards printed late has been
provided to the appellant. The delay has been
calculated for 15 days or more, the date of receipt
for transaction, however, as per the clause 10 of
agreement with M/s STIL, Shonkh agrees to issue
Smart Optical Cards within 4 working days from
the time the requisite date and information in the
standardized form is delivered to Shonkh in
regard to the issue of new or replacement cards.

6. If company does not make RC within the Two Show-cause notices have been issued to M/s
time limit, what action has been taken against Shonkh for delay in printing of RCs.
the company?

7. Who is responsible officer to take action Transport department.

against the company?

8. Despite of being provision of legal did not Action taken against the company as at point 6
take any action against the company, tell above.
reason.

9. Private company is being made card checked 30 card reading machines were handed over to
by one particular type of card reader. Till Traffic Police and 10 card reading machines to
today how many cards are provided to the Enforcement Branch of this department.
enforcement department and traffic police.

10. Government’s responsibility to provide the Government of NCT of Delhi.

card reader or a private company.

Ground of the First Appeal:

Incomplete information has been provided to the Appellant by the PIO.

Order of the FAA:

Unsatisfactory response from the F.A.A.

Ground of the Second Appeal:

The incomplete information had been provided by the PIO and unsatisfactory order had been passed
by the F.A.A..

Relevant Facts emerging during Hearing:

The following were present:

Appellant : Mr. Piyush Jain;

Respondent : Mr. C.S.Nawani, Public Information Officer & Pollution Control Officer;

The information appears to heave been provided to the Appellant. The appellant feels that
the Government has increased the charge for RCs from Rs. 20/- to Rs. 370/- and he alleges that
there is earlier that the RCs were available in about a week and now it takes longer. He PIO has
given information to the appellant that the third party contractor ‘Shonkh’ is providing the RCs
in four days as per the contract. The appellant does not agree with this contention and would like
to inspect the records at the I.P.Deport, New Delhi Zone. The PIO is directed to ensure that the
inspection to verify whether the RCs are being prepared by the private contractor in four days is
facilitated by the Appellant on 7, 8 January 2010 at 2.00pm.

Decision:

The Appeal is allowed.

The PIO is directed to facilitate an inspection to the Appellant on 7, 8 January 2010 at
2.00pm to verify whether the RCs are being prepared by the private contractor in four days.
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
30 December 2009
(In any correspondence on this decision, mention the complete decision number.) (BK)