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Decision No. CIC/SG/A/2010/001163/8148
Appeal No. CIC/SG/A/2010/001163
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Satvir Singh Yadav
S/o Mr. Makhan Lal Yadav
H. No. 42/12-B, Opp. Post Office
Gali Nangloi, New Delhi - 110041.
Respondent : Mr. Rajesh Khanna
Public Information Officer &
Suptdg. Engineer (NZ)
Municipal Corporation of Delhi
North Zone, 2nd Floor,
Overhead Water Tank, Najafgarh, Delhi.
RTI application filed on : 14/12/2009 PIO replied : Not replied First Appeal filed on : 25/01/2010 FAA ordered on : 29/03/2010 Second Appeal received on : 05/05/2010 Hearing Notice sent on : 18/05/2010 Hearing held on : 16/06/2010 Information Sought:
1) Daily progress report of the Appellant’s application dated 30/11/2009 along with name of
the officer before whom the Application was lying and the time period for which it was
with the officers and action taken by them.
2) Name and designation of the officer who was supposed to take action but did not take.
3) Whether any action will be taken against the errant officer if yes then the date for the
same.
4) The date by which the Appellant’s work will be done.
5) Name of such Applicants who submitted his/her application after the date of the
Appellant’s application along with receipt no., date of the complaints and date on which
action was taken.
6) Copy of the such record which has the information of receipt of
Application/return/Complaints.
7) Reason if any for execution of such complaints which was submitted after the date of the
Appellant’s application.
8) Date on which the enquiry will be conducted about the Application/return/Complaints.
Reply of the PIO:
(After the order of the FAA)
The PIO & SE (Najafgarh Zone) vide his letter dated 30/03/2010 informed the Appellant that the
area under reference fell under unauthorized colony of Tyagi Vihar where no developmental
work was carried out by the department hence no action was taken on his complaint.
Ground of the First Appeal:
Non-receipt of information from the PIO within the stipulated time.
Order of the FAA:
The PIO was directed to provide the information to the Appellant within 7 days free of cost.
Ground of the Second Appeal:
Unsatisfactory information received from the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Satvir Singh Yadav;
Respondent : Mr. Manoj Verma, EE(M-II) on behalf of Mr. Rajesh Khanna, PIO & SE(NZ);
The respondent states that the RTI application never reached him and the appellant does
not have any concrete evidence to prove this. However the Respondent states that he came to
know about the RTI Application after the notice of the hearing received from the FAA on
18/03/2010. He states that he sent the information on 27/03/2010. The respondent has given the
information based on records that the colony is an unauthorized colony where no development
work is carried out by MCD. The Respondent also states that MCD does not take cognizance of
any illegal encroachment on roads etc.
Decision:
The Appeal is disposed.
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
16 June 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)