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Decision No. CIC/SG/A/2009/001241/3985
Appeal No. CIC/SG/A/2009/001241
Relevant Facts
emerging from the Appeal:
Appellant : Mr. S. P. S. Nagar
C-3/152, Yamuna Vihar
Delhi-110053
Respondent : Mr. Devender Kumar
Public Information Officer
Municipal Corporation of Delhi
Office of the Assistant Commissioner/DEMS (HQ)-
III
Town Hall, Delhi-110006
RTI application filed on : 23/12/2008
PIO replied : 23/01/2009
First appeal filed on : 08/02/2009
First Appellate Authority order : Not Mentioned.
Second Appeal filed on : 18/05/2009
Information sought:
The Appellant in his RTI application sought information regarding his application dated
22/10/2008 in MCD. In his RTI application through annexure-I, he has sought following
information(s):
1) daily progress on his application
2) names, designations and the period for the file was lying with officers and the actions taken by
those officials during that period
3) proof of receipt and dispatch of the Appellant’s application in the office of each officials
4) rules or citizens charter for resolving of matter
5) copy of the conduct rule by which the officials perform the duty of resolving a matter 6)
whether the officials are guilty of causing mental harassment to the public and
7) the action which can be taken against those officials for causing mental agony to the public
and by when action will be taken?
8) the time limit for resolving his matter.
The Appellant has also sought information regarding annexure-II, which he wrote to The
Commissioner (MCD) about illegal and unconstitutional promotions on the part of CSE/Public
Health Deptt./MCD.
Reply of PIO:
1) The record had been examined and the daily progress of the said application was not
available on record. However, matter is under consideration.
2) Application was under process.
3) No proof was available on record.
4) No citizen charter was available at DEMS9HQ)s.
5) There appeared no violation of conduct rules by any of the official/officer.
6) No official was guilty of causing mental injury to the Appellant.
7) No action could be taken against those officials.
8) The said application was under consideration and that will be decided as early as
possible.
9) No SI relating to category MEENA was working.
10) Specific years be mentioned to provide information.
Grounds for First Appeal:
Denial of some information by Ld. PIO.
Order of the First Appellate Authority:
Not Ordered.
Grounds for Second Appeal:
Non-receipt of desired information.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. S. P. S. Nagar
Respondent: Mr. A.K.Saxena on behalf of PIO Mr. Devender Kumar
The PIO will provide the following information to the appellant:
1- Copy of the file noting which evidence the movement of the application.
Decision:
The Appeal is allowed.
The PIO will provide the information mentioned above to the appellant before 10 July 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
If information is not provided in the time stipulated under Section 7(6) of the RTI Act, it has to be provided free of
cost to the Appellant
Shailesh Gandhi
Information Commissioner
3 July 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(GJ)