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Decision No. CIC/SG/A/2011/000047/11435
Appeal No. CIC/SG/A/2011/000047
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Rajendra Kharra,
E-502, Camp No. 02,
Nangaloi,
Delhi-110041
Respondent : Mr. Prakash Chandra
PIO & Joint Director,
Govt. of NCT of Delhi,
SC/ST/OBC & Minorities Welfare Department,
B-Block, 2nd Floor,
Vikas Bhawan, I.P. Estate,
New Delhi-110002
RTI application filed on : 01/10/2010
PIO replied : 01/11/2010
First appeal filed on : 26/11/2010
First Appellate Authority order : 20/12/2010
Second Appeal received on : 04/01/2011
Information Sought :
1. Furnish details of the person who has wrongfully usurped the ‘Chaupal’ along with his address.
2. Specify as to when the department learnt that the Chaupal has been wrongfully usurped and
from which sources has it learnt such information.
3. Specify the methods adopted to release the usurped ‘chaupal’ from that person.
4. Mention whether this ‘chaupal’ has been released completely and also provide under whose
supervision it has been kept now.
5. Specify the court proceedings carried out against the person who wrongfully usurped the
‘chaupal’ and if not taken then specify the reason for not doing so.
6. Specify the name, post and all details of the officers due to whose carelessness the chaupal got
ususrped.
7. Details of the efforts made to recover the money duped by that person in the name of
bookings.
PIO’s reply :
PIO replied dated 01/11/2010 that the information sought is not available with the department.
Note: The PIO replied after the FAA’s order that in relation to point 1- 4 it is informed that the Delhi
High Court’s vide its order dated 26/08/2010 directed Petitioner to give the possession of the Chaupal
situated at Nangloi Ph-II, to the Concerned SDM before 31/08/2010 at 11.00 am. The Tehsildar of
SDM Office in Punjabi Bagh, after taking the possession of the same Chaupal on 30/08/2010,
informed the office on 28/09/2010 that the possession of the Chaupal had been taken.
In regard to question 5 PIO replies that no inquiry or action has been taken against the person who has
wrongfully usurped the Chaupal because the irrigation and flood control department has not received
any such complaint. In response to question 6&7 the information sought for can be obtained from
Irrigation and flood control department.
Grounds for first appeal:
No information received from PIO.
The First Appellate Authority ordered:
The FAA has ordered that the requisite information should be provided to the appellant within 10
days.
Grounds for second appeal:
Unsatisfactory information received from the PIO even after FAA’s order.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Rajendra Kharra;
Respondent: Mr. N. K. Gupta, Statistical Assistant on behalf of Mr. Prakash Chandra PIO & Joint
Director;
The Appellant has reframed the query and wishes to know which government department and
officer is responsible for the running and maintenance of chaupals. During the discussion with the
Appellant and Respondent it emerges that the funds for building the chaupals are provided by the
SC/ST Department to the Irrigation and Flood Control Department. An order produced by the
Respondent dated 25/06/2010 no. F.3(20)/2009-10/DSCST(IMP.)/3872 by the SC/ST/ Department
mentions forming a committee for handing over the management of the chaupals. The Appellant has
also shown the Commission a letter no. F.21(Nangloi)/CD-VIII/DB/2009–10/465-67 which has been
addressed by the Executive Engineer of Floor Control Department to Department of SC/ST asking him
to take over the chaupals.
The Appellant wants information on the name of the officials and the department responsible for
running and maintenance of the SC/ST Chaupal at Nangloi.
Decision:
The appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant
before 30 March 2011.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
11 March 2011
(In any correspondence on this decision, mention the complete decision number). (su)