Central Information Commission Judgements

Mr.Ram Niwas Jain vs Municipal Corporation Of Delhi on 4 September, 2009

Central Information Commission
Mr.Ram Niwas Jain vs Municipal Corporation Of Delhi on 4 September, 2009
                   CENTRAL INFORMATION COMMISSION
                    Club Building, Opposite Ber Sarai Market,
                      Old JNU Campus, New Delhi - 110067.
                              Tel: +91-11-26161796

                                                    Decision No.CIC/SG/A/2009/001693/4700
                                                          Appeal No. CIC/SG/A/2009/001693

Appellant                                   :      Mr.Ram Niwas Jain,
                                                   C-1/161, Sanjay Enclave,
                                                   Uttam Nagar, New Delhi

Respondent                                  :      Mr. Madan Mohan
                                                   Assistant Commissioner &
                                                   Public Information Officer
                                                   Municipal Corporation of Delhi
                                                   O/o the Asst. Commissioner West
                                                   Zone, Rajouri Garden, New Delhi

RTI application filed on                    :      01/03/2009
PIO replied                                 :      06/04/2009
First Appeal filed on                       :      16/04/2009
First Appellate Authority order             :      20/05/2009
Second Appeal Received on                   :      13/07/2009

Appellant sought information regarding letter dated 07/01/2009.
   S.No                    Information Sought                            PIO's Reply
   1.      What action has been taken on Appellant's letter by    PIO mentioned in his reply
           DC Office?                                             that report received from
   2.      What action has been taken on fake staffs deployed     S.S.(West     Zone)      was
           in Bindapur ward"?                                     enclosed.
   3.      Which department has responsibility to clean the       In the enclosure it stated
           deep drain from Sanjay Enclave Chowk to D 39           that complainant has given
           Sanjay Enclave Rajapuri Road?                          in writing that he has no
   4.      On what interval is cleaning of this drain done?       complaints in this regard.
   5.      When the cleaning of this drain has been done last
           time and when will be now.
   6.      Is cleaning of the drain done on contract basis? If
           yes, then details of the amount spent on it.

Grounds for First Appeal:
Appellant stated that sought information has not been provided. "I do not want action on
Complain only" was given in writing by the Appellant under pressure of people and faith in Shri
Rajbir.
After First Appeal, additional information except Question no. 1 has been provided by PIO on
04/05/2009.
Question 2: It is not concerned with this department.
Question 3: The responsibility of cleaning this drain is of Engg. Department and it is done by
departmental staff.
               Name of Officials:    Sh. Praveen Kumar J. E -Mob. No mentioned
                                     Sh. H. W Madan       A.E- Mob. No. mentioned
                  Address:                   J. E Store, Vikas puri, Shanker Line
                                            MCD

Question 4:      Cleaning of this drain is done once in a year.
Question 5:      In last year cleaning was done in May and it will be done again in May of this
year.
Question 6:      Cleaning of this drain is done by departmental staff. No amount has been spent
on it.

Order of the First Appellate Authority:
FAA mentioned that reply has all ready been sent to the Appellant.

Grounds for Second Appeal:
Appellant has alleged that in reply incorrect information has been supplied.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr.Ram Niwas Jain
Respondent: Mr. Madan Mohan, PIO & Assistant Commissioner
The Appellant has been given two lists of Safai Karmcharies. One list has been taken from the
internet and other list has been given based on the current attendance register. The PIO is
directed to ensure that the list of Safai Karmcharies on the website is updated every fortnight and
the date of updation mentioned on the website. Also the appellant has pointed out that some of
the names of the Safai Karmchari given to him show ‘expired’ against their name. The PIO states
that the MCD has a practice of putting substitute workers in the place of expired workers and the
post is shown as standing in the name of the Safai Karmchari. If this is true the PIO is directed to
supply the list of substitute of Safai Karmachari to the Appellant before 20 September 2009.

Decision:

The appeal is allowed.

The PIO will follow the direction given above. The updated information will be provided on the
website before 30 September 2009. The PIO will also give a statement to the Appellant whether
any enquiry has been done based on the Appellant’s complaint to the Dy. Commissioner.

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
4 September 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj