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Decision No. CIC/SG/A/2010/002177/9485
Appeal No. CIC/SG/A/2010/002177
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Surendra Kumar
2618(GF), Mandir Wali Gali,
Shadi Khampur, West Patel Nagar,
New Delhi – 110008.
Respondent : Mr. Lalit Mohan,
Chief Engineer (West) & PIO
Delhi Jal Board (Govt. of NCT of Delhi)
Head Quarter, Varunalaya,
Jhandewalan, New Delhi
RTI application filed on : 26/04/2010
PIO replied : 25/05/2010
First appeal filed on : 05/06/2010
First Appellate Authority order : 24/06/2010
Second Appeal received on : 16/07/2010
S. No. Information Sought Reply of the PIO
1. Description of the facts as mentioned in Online booster pump came under Delhi Water Board
the latter No. 1337 dated Act, 1989 and there is a provision for punishment
26/02/2010. under Section 9 of subsection 3. Copy of the same
had been given (enclosed).
2. Whether the drawing of water directly According to query no. 1, there was one provision for
from the pipeline by Mr. Arul punishment. The department has enquired about the
Talwar, 2618, Gali Mandir Wali, water pressure in the said area and it was found that
Shadi Khampur, West Patel Nagar, due to less water pressure, water did not reach to
New Delhi-8 was a punishable second floor of the buildings. This pressure was due
offence. to difference between requirement and supply of
water in the said area. This problem will be rectified
after the execution of TATA’s T.C.E. report. At that
time the department could not remove the online
booster due to the same problem. Hence it could not
take further action.
3. Whether the officers of the department As above.
was culprit for not checking illegal
drawing off water.
4. Clarification of the fact that whether As above.
someone was drawing of water
illegally for his own purpose will
be an act of theft and if the same
thing is done for the advantage of
the society then it will be called an
act of saint.
First Appeal:
Unsatisfactory and incomplete information received from the PIO.
Order of the FAA:
The FAA in its disposed off the appeal noting that the information was substantially supplied.
Ground of the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Surendra Kumar;
Respondent : Mr. Lalit Mohan, Chief Engineer (West) & PIO;
The PIO has given information as per the records but is now directed to give the following
additional clarification:
1- Query-3: The PIO will inform the appellant that though illegal booster pumps have been
installed no action has been taken against them.
The Commission recommends that if any rule of law is being relaxed even for a short period it would be a
good practice to put this in writing.
Decision:
The Appeal is allowed
The PIO is directed to give the information as directed above to the appellant before
05 October 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
24 September 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)