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Decision No.CIC/SG/A/2010/000178/7043
Appeal No. CIC/SG/A/2010/000178
Appellant : Mr. Ramesh Chand Jain,
R/o T-355/1, Gali No. 10,
Gautampuri, Delhi-110053
Respondent : Ms. Renu Popli
Public Information Officer
Sr. Manager,
Delhi Transport Corporation,
Govt. of NCT of Delhi,
I. P. Estate, BBM Complex,
New Delhi
RTI application filed on : 24/10/2009
PIO replied : 30/10/2009
First Appeal filed on : 09/12/2009
First Appellate Authority order : 22/12/2009
Second Appeal Received on : 15/01/2009
Notice of Hearing Sent on : 01/02/2010
Hearing Held on : 05/03/2010
Information sought:
1. Details of movable/immovable property for the last 10 years in respect of Sh. R. P. S.
Verma, Addl. CAO, DTC be provided out of which the annual moveable/immovable
property of the said officer from 2000 to till date be given.
2. Cash earned by Sh. R P S Verma, Addl. CAO DTC since last 10 years details be
provided. Details of cash earned from 2000 to till date annually be given.
PIO's Reply:
"That the information asked for is not available in the Vigilance Department."
Grounds for First Appeal:
Desired information was not provided.
Order of the First Appellate Authority:
"No such information is being maintained in the office of DTC. However, as regards furnishing
the details of immovable property, PIO(H.Q) is directed to give a written notice with 10 days to
the officer concerned i.e Sh. R.P.S Verma, to make a submission in writing or orally regarding
whether the information should be disclosed and such submission of the third party shall be kept
in view while taking a decision about disclosure of information."
Grounds for Second Appeal:
Desired information was not provided.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Ramesh Chand Jain;
Respondent: Ms. Renu Popli, Public Information Officer &Sr. Manager;
Mr. J. D. Misra, Vigilance Officer (HQ), I.P.Estate, Delhi;
The appellant wants the details of movable and immovable property of Mr. R.P.S.
Verma, Additional CEO DTC. The details of the movable property are not available with the
Government and hence cannot be provided. However, the details of immovable property are
furnished with the annual property return to the Cadre Controlling Authority which is Finance
Department Delhi Government in this case. The PIO should have transferred the RTI Application
to the Finance Department of the Delhi Government. The PIO is warned to ensure that in case
information is not available with the public authority it should be transferred within 5 days to the
appropriate authority.
The Commission has already decided in CIC/AT/A/2008/01262//SG/2109 dated 27/02/2009 that
the assets of public servants would have to be disclosed when a citizen uses the Right to
Information.
Decision:
The appeal is allowed.
The PIO is directed to transfer the RTI Application to the PIO of Finance Department
(GNCTD) before 10 March 2010.
The PIO of Finance Department (GNCTD) is directed to provide the information to the
Appellant before 30 March 2010.
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
05 March 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj