Central Information Commission Judgements

Mr.Ramesh Chand vs Dtc, Gnct Delhi on 15 June, 2011

Central Information Commission
Mr.Ramesh Chand vs Dtc, Gnct Delhi on 15 June, 2011
                         CENTRAL INFORMATION COMMISSION
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                                                                 Decision No. CIC/SG/A/2011/000994/12880
                                                                         Appeal No. CIC/SG/A/2011/000994

Relevant facts emerging from the Appeal:

Appellant                                :         Mr. Ramesh Chand,
                                                   T- 355/1 Gali No. 10
                                                   Gautam Puri, Delhi 110053
Respondent                               (1):      Mr. Satinder Mohan
                                                   PIO & Superintendent (Coordination) ,
                                                   Service Department, GNCTD
                                                   7th floor, B wing, Delhi Secretariat,
                                                   New Delhi.

                                             (2)   Ms. Renu Popli
                                                   PIO & Sr. Manager (P&SO).
                                                   Delhi Transport corporation
                                                   BBM Complex, New Delhi

RTI application filed on                 :   01-11-2010
DTC PIO replied to application on        :   11-11-2010 , 03-12-2010 , 13-12-2010 & 15-12-2010
First Appeal on filed on                 :   08-12-2010 , 11-01-2011 & 14-01-2011
First Appellate Authority order of       :   12-01-2011, 27-01-2011 & 18-02-2011
Second Appeal received on                :   13-04-2011
Sl           Information Sought                                    Reply of the PIO
1.   Tell at which all places in which 1.Not related to DTC.
     department and at what designation has 2. 03-12-2010: the related information available on website of
     CMD Sh. Naresh Kumar of DTC Public complaint and Pension ministry of Indian Govt.
     worked during his service tenure?
2.   Whether there was any charge of               1.The information regarding the charges against the related officer
     corruption against CMD Sh. Naresh             in different designation is not available. There is no charge against
     Kumar in his tenure? If yes, give             him in DTC.
     information.                                  2. 03-12-2010: related to home department.
3.   Give the details of investigation (if any)    1.There is no investigation against the CMD Sh. Naresh Kumar of
     against the CMD Sh. Naresh Kumar .            DTC
                                                   2. 03-12-2010: related to home department.
4.   What is the present salary of CMD Sh.         1.Not related.
     Naresh Kumar ?what all facilities are         2. On 15-12-2010 The gross salary of CMD is R.s.962651- per
     provided to him by government?                month, other information does not pertain to Accounts (Pay)
                                                   3. 03-12-2010: information provided by PIO, DTC
5.   How much legal and illegal property           1.Not related
     has been accumulated by the officer?          2. 03-12-2010: information provided is of 1 page.
     Give the details per year.                    3. 13-12-2010: information regarding purchase of movable and
                                                   immovable properties by Sh. Naresh Kumar cannot be shared with
                                                   the applicant as the information falls under the ambit of Section 11
                                                   read with Section 8 of RTI Act. Moreover, APRs involve
                                                   disclosure of information of 'Third Party' for which comments of
                                                   the officer have been sought and he has denied sharing of
                                                   information with the applicant. Hence, the information is denied.
6.   Give details of salary received by Sh,        1.Not related.
     Naresh Kumar except the salary                2. On 15-12-2010, Does not pertain to Accounts
     received for government service.               (Pay)
                                                   3. 03-12-2010: no information available
 Grounds for the First Appeal:
1. 08-12-2010 No information provided.
2. 11-01-2011: Incomplete information provided.
3. 14-01-2011: Incomplete information provided.

Order of the First Appellate Authority (FAA):
1. The appellant has stated that he has not received the reply. So, photocopies of the paper in
respect of these have been given to him. Regarding other position, the application was transferred to Service
Deptt. of NCT of Delhi. Vide letter dated 16.112010, Joint Secy. (Services) had transferred the application
dated under section 6(3)of RTI Act, 2005 & Director (Services)/CPIO Ministry of Home Affairs, Govt. of
NCT of Delhi. Reply regarding this was send to the appellant vide F.No. 14O39/9/20l0-VTS. In view of the
above, the appeal is disposed of.
2. 27-01-2011: In respect of Sr. No. 4 of the application regarding salary and other benefits to The officer,
the appellant has already been advised by PlO (Services Department) to approach PIO(DTC) for getting the
requisite information. As regards seeking information on cases of corruption! irregularities against the officer
or any ongoing inquiry against the officer, it is informed that the cadre controlling authority in respect of Sh.
Naresh Kumar CMD(DTC) is Ministry of Home Affairs and accordingly he should approach Director
(Services/UT)/P1O(MHA) for getting the requisite information in The matter. As regards source of income
of officer from other then Government Service, any information available as per records of Services
Department may be made available to the appellant
3. 18-02-2011: it is found that the CPIO has already provided the information to appellant on the basis of the
records available with him. Therefore, aforesaid reply/ decision of the CPIO is in conformity with the Right
to Information Act 2005.

Ground of the Second Appeal:
Complete information not received.

Relevant Facts

emerging during Hearing:

The following were present
Appellant : Mr. Ramesh Chand;

Respondent: Mr. Satinder Mohan, PIO & Superintendent (Coordination) ,Service Department;

Mr. Subhash Chandra Sharma on behalf of Ms. Renu Popli, PIO & Sr. Manager (P&SO)
DTC;

The PIO/DTC has given information on most of the points but is now directed to give the
information on the following points:

1- Query-4: The perquisites given to the CMD Mr. Naresh Kumar and value of the
perquisites.

The Appellant has been provided the information on all the other points by the PIO.

Decision:

The Appeal is allowed.

The PIO/DTC is directed to provide the information on query-4 as detailed above
to the Appellant before 05 July 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
15 June 2011
(In any correspondence on this decision, mention the complete decision number.)(AA)