Central Information Commission Judgements

Mr.R.N. Agarwala vs Mcd, Gnct Delhi on 26 September, 2011

Central Information Commission
Mr.R.N. Agarwala vs Mcd, Gnct Delhi on 26 September, 2011
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796
                                                              Decision No. CIC/SG/A/2011/002213/14856
                                                                      Appeal No. CIC/SG/A/2011/002213
Relevant facts emerging from the Appeal:

Appellant                            :       Mr. R.N. Agarwala,
                                             Sandal Sadan, Wz-316,
                                             Naraina, New Delhi-110028.

Respondent                            :      PIO & SE,
                                             O/o The Superintending Engineer,
                                             Municipal Corporation of Delhi,
                                             Civil Lines Zone, 16 Rajpura Road,
                                             Delhi-110054

RTI application filed on             :       17/03/2011
PIO replied on                       :       29/07/2011
First Appeal filed on                :       20/05/2011
First Appellate Authority order of   :       09/07/2011
Second Appeal received on            :       10/08/2011

Information Sought:
   The appellant sought the following information,
   "I am to refer to my endorsement dated the 21st day of May, 2010 in regard to pulling down a century
   old and deteriorated structure-ARMY PRESS standing at Khyber Pass, Civil Lines, Delhi made to the
   Commissioner, MCD and regretted to remind/in-form you that no intimation has yet been made to me
   through well ever 09 long months have since gone by me my apprehensions towards its sudden
   coming down keep lurking into my.....
       As such, I am to request you please arrange to provide me the present status of my fervent request
   early. As a pre-requisite, an amount of 10/- (IPO) is tendered herewith."

The PIO Reply:
   Please refer to your aforesaid ID addressed to the undersigned regarding supply of information under
   Central Right to Information Act, 2005. The copy of the information sought for is enclosed herewith.
   Further, if the appellant is not satisfied with the reply, he may appeal to 1st appellate Authority under
   R.T.I. Act. Deputy commissioner, Civil Lines Zone, Zonal Office Building, 16 Rajpur Road, Room
   No. 306, Delhi-110054

Grounds for the First Appeal:
Unsatisfactory reply was given to the appellant by the PIO.

Order of the First Appellate Authority (FAA):
        "With regard to improvement of sanitation adjoining and in front of Dispensary, PIO stated that
the RTI application has been transferred to AC/KBZ. AC/KBZ is advised to give reply to the appellant,
within 2 weeks from the issue of these orders. In case, the appellant doesn't get the reply or gets an
unsatisfactory reply from any of the PIO, he may approach the Hon'ble CIC for further relief. The appeal
is disposed off."

Ground of the Second Appeal:
Unsatisfactory information had been provided by the PIO.
 Relevant Facts

emerging during Hearing:

The following were present
Appellant : Mr. R.N. Agarwala;

Respondent : Absent;

The Appellant had given a complaint on 21/05/2010 to the MCD, Commissioner pointing out that
a structure the Army Press Building at Hyder Pass, Civil Lines, Delhi was in a dangerous and dilapidated
condition. Motivated by a civic sense and a sense of safety since he saw no action is being taken he filed
RTI application on 17/03/2011 to know about the action taken on his complaint. It appears that after a lot
of paper pushing he has been informed on 29/07/2011 by PIO/SE, Civil Line Zone Mr. R. Prasad that the
complaint of the applicant is not available. The Commission is attaching a copy of the appellant’s
complaint with this order with a direction to the PIO to inform the Appellant what action being taken with
respect to the this complaint. In case no action is proposed to be taken the Appellant should be informed
about it.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information as directed above to the Appellant
before 20 October 2011.

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
26 September 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)