CENTRAL INFORMATION COMMISSION
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Decision No. CIC /WB/A/2008/01245/SG/0876
Appeal No. CIC/WB/A/2008/01245/
Relevant Facts
emerging from the Appeal
Appellant : Mr. Sachin Gupta,
A-71, 2nd Floor, Rajouri Garden,
New Delhi.
Respondent 1 : OSD to Lt. Governor's & CPIO,
Govt.of GNCT of Delhi,
Lt. Governor's Secretariat,
Raj Niwas, Delhi-110054.
RTI application filed on : 19/04/2008
PIO replied : No reply.
First appeal filed on : 22/05/2008
First Appellate Authority order : 16/06/2008
Second Appeal filed on : 10/07/2008
Information Sought:
The Appellant had filed an application seeking information regarding the latter dated 22-03-08.
1. Kindly intimate the status of my above letter/complaint.
2. Is any confidential query/secret investigation or any order/pass on behalf of my above
complain/confidential information in this regard. If yes, please supply the copy of the same.
3. What is your future action in the light of above information/letter and to stop this type of
illegal acts of this case?
4. As per my above confidential complaint dated 22-03-08, have you secretly checked the above
allegation? Give answer in yes or no. if yes, what is your out come? What was your procedure
to investigate confidentially the above matter?
5. As per para 2 of my letter, is it legal to encroach the public land in this way? If not, have you
passed any order to demolish the same and to remove the encroachment? If not, please give
specific & clear reasons for the same.
6. As per para-3 of my latter. Is it legal to hang the advertisement board on public property as
well as on the trees? If not, have you passed any order to penalized/challan the shopkeeper
and to remove the encroachment? If not, please give specific & clear reasons for the same.
7. Kindly intimate what is the prescribed time limit to dispose of such cases.
8. Kindly intimate the complete procedure to dispose of such cases.
9. Kindly mention the clear date on which the above application will be decided.
10. Kindly give me the copy of the above full file & noting thereon till date.
11. Have you order to the officials to submit the action taken report to you with in 10 or 15 days?
If not, please give the specific reasons.
The PIO’s Reply:
No reply.
The First Appellate Authority Ordered:
“Sh.Gupta has already been informed about the action taken by this Secretariat on his representation
and his RTI application was also transferred to Commissioner, MCD for providing him the detailed
information. There is no default on the part of the PIO of this Secretariat as the relevant information
sought in the representation as well as in his RTI application was available with the concerned Dept.
i.e. MCD. In fact the appellant should have filed his first appeal before the FAA of MCD if he is not
received any information there. Hence, the appeal is not maintainable as explained above and is
rejected. Let a copy of this order be sent to the appellant.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Absent
The appellant had made a complaint about against Devendra & Co. on 22/3/2008. An RTI
application of Sh.Sachin Gupta was received on 29.4.2008 through Department of Post
(Annexed-II), whereby he sought status of his aforesaid complaint and other related
information. In response to this the applicant vide letter no. 46/RTI/08/RN/7813-14 dated
12.5.2008 he was informed that his representation/complaint was sent to Commissioner,
MCD vide no. 2611 dated 25.3.2008 for appropriate action and his RTI application was also
transferred to Commissioner, MCD for providing him the detailed information about his
complaint (Annexure-III).
Thereafter, Sh. Sachin Gupta filed his First Appeal before the First appellate authority of this
Secretariat (Annexure-IV), which was considered and rejected as action taken by PIO was
found appropriate.
It is apparent that the appellant should have filed his appeal with MCD, instead of which he
has been insistent on pursuing the matter with NCT. In these circumstances the Second
appeal is unsustainable.
Decision:
Appeal is dismissed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties
Shailesh Gandhi
Information Commissioner
5 January 2009
(In any correspondence on this decision, mentioned the complete decision number.)