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Decision No. CIC/SG/A/2011/000021/11366
Appeal No. CIC/SG/A/2011/000021
Relevant Facts
emerging from the Appeal
Appellant : Mr. Ved Kumar,
H/14-B, Saket,
New Delhi- 110017.
Respondent : Mr. Vimal Kumar
Public Information Officer & Superintendent
Govt. of NCT of Delhi,
Department Of Power,
8th Level, ‘B’ Wing, Delhi Secretariat,
I.P. Estate, New Delhi.
RTI application filed on : 25/08/2010
PIO replied : 20/09/2010
First appeal filed on : 24/09/2010
First Appellate Authority order : 25/11/2010
Second Appeal received on : 30/12/2010
S.N. Information sought PIO's reply
1. Is it a fact that Govt. of NCT of Delhi has joint Delhi Power company Limited ( Govt. Company )
ventures with each of the above named three has 49 % stake in each DISCOMs.
DISCOMs.
2. If yes, what is the percentage of stake of the Same as above.
Govt. Of NCT of Delhi in each of these three
joint ventures.
3, 4 Is Govt. of India entitled/ liable to share profits/ These points have already been transferred to
losses with each of these DISCOMs in the same DPCL u/s 6(3) of RTI Act, 2005.
proportion. Kindly intimate the share of these
profits/ losses credited/ debited to Govt. of NCT
of Electricity Distribution in Delhi.
5. Is it a fact that Govt. of NCT of Delhi, requires DERC acts according to the powers vested in the
DERC, a statutory body, to seek its approval Electricity Laws.
before agreeing to notify DERC Orders and
Decisions.
6. Is it legally competent for the Govt. of NCT Of The PIO is not empowered to give his opinion on
Delhi, hving stake in the joint ventures with these the decision of the Government.
DISCOMs, to be a judge in its own cause.
7. Intimate the position of the pendency of the DERC vide letter dated 18/11/2009 has informed
following matters said to have been submitted to this office that they have passed an interim order on
Govt. of NCT Of Delhi by DERC: 20/10/2009 in the matter of unprecedented load
A) Unprecedented load shedding by BRPL in shedding by BRPL in June, 2009 in Delhi. In the
June, 2009 in Delhi. said interim order no action is called for from
Power Department. Accordingly, matter was put up
on file for kind perusal of higher authorities.
B) Petitions for True up for FY 2008-09 and The matter is within the domain of DERC nothing
Approval of Revised aggregate Revenue related to this point has been received in the
requirement and Tariff for FY 2010-11 concerned branch.
C) Staff paper on Supply Code & Performance The matter was received from the DERC and since
Standards Regulations that document was waste of a technical nature and
its examination requires technical knowledge/
expertise. Accordingly, the matter was referred to
Director ( Oprn. ) . DTL for examination and
comments.
First Appeal:
Incomplete and unsatisfactory response from the PIO to 5,6,7 (b) &(c)
Order of the FAA:
The FAA’s order has stated that on queries 5, 6, 7(b) & 7(c) the PIO has given appropriate information.
Ground of the Second Appeal:
FAA not ordered till date and deemed refusal to consider first appeal.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Ved Kumar;
Respondent : Mr. Vimal Kumar, Public Information Officer & Superintendent;
The Appellant states that the FAA’s order has been issued in the name of Mr. V. Kumar, 27/17,
Shakri Nagar, Delhi- 110007. The appellant states that since the order was sent on a wrong address, it
never reached him. All officers are directed to ensure that names and addresses are properly mentioned.
The Respondent states that there is nothing on record on the queries that the appellant is seeking
information for. In view of this it appears that the respondent has provided the information available on
the records. It would be useful if PIOs note that there is no record of information that an appellant seeks.
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
09 February 2011
(In any correspondence on this decision, mention the complete decision number.) (Su)