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Decision No. CIC/SG/A/2011/000813/12609
Appeal No. CIC/SG/A/2011/000813
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Vijay Bhardwaj
House No. 125, Nimri Colony
Delhi -110052.
Respondent : Mr. N. C. Sharma
Public Information Officer & SE-I,
Municipal Corporation of Delhi
The S E Rohini Zone-I, Sector - 5 Rohini,
New Delhi -110085.
RTI application filed on : 24/09/2010
PIO replied : 29/11/2010
First appeal filed on : 23/11/2010
First Appellate Authority order : 31/12/2010
Second Appeal received on : 11/02/2011
Notice of Hearing sent on : 28/04/2011
Hearing held on : 31/05/2011
Sl. Information Sought by RTI : PIO Replied :
1. What action had been taken on the appellant As per records, the complaint had been
application, provide the action taken report (daily received on 24/09/2010 by the Vigilance
report)? Where the appellant’s application had department then it had forwarded to the
been forwarded to whom, specify the officer’s Commissioner of Rohini on 27/09/2010.
name. How much time the application took with Then DC/RZ forwarded to the other PIO
every officer? What action had been taken by & in the end it is sent to Sh. P. K.
these officers. Chauhan, JE on 15/11/2010 for
proceedings. The appellant can get the
copy from the CSB Center Rohini Area
@ Rs 2/-.
2. Please specify the officer’s name & designation, who Appointed Junior Engineer & Assistant
were responsible to take action on complaint Engineer can be stay at Rohini area bldg.
application? department, sector 5, Rohini delhi at the
time of complaint.
3. When the junior engineer Mr. Firoz Khan and Mr. Forz Khan JE & Mr. Narudeen AE has
assistant engineer Mr. Narudeen has dismissed been transferred on 19/02/2010 from
from ward no 67? Specify the date of termination. ward 67. The appellant can get the copy
Whom has the charge now? Please provide the from the CSB Center Rohini Area @ Rs
copy of the register. 2/-.
4. Whether the construction can be continue although the The constructions can be continue regarding
department already sent the report of that illegal of orders mentioned in Building By Law
construction? If yes, then please provide the copy (BBL) and MPD 2021 rules only. BBL
of the applicable policy, term & conditions. When and MPD 2021 is available in the market.
the owner has informed to continuation? Please The regularization files can be received
provide the relevant documents. for the department on 23/06/2010. The
appellant can get the copy from the CSB
Center Rohini Area @ Rs 2/- & Rs 100/-
for Maps.
5. How much time has been taken for the procedure to ————————
follow law, rules, orders, manuals etc. by the
Vigilance department? How much time has been
taken to furnish the complaint from the
registration? Please provide the copy of terms &
conditions, where all the steps had been defined
for the procedure from complaint registration to
proceedings and punishment.
Grounds of the First Appeal:
Provided information is unsatisfactory, incorrect and incomplete.
Order of the FAA:
“During the course of hearing. The appellant has contended that PIO/Rohini Zone has not provided
complete Infromationin reg. RTI application and the PIO (Vig.) has also not supplied information
regarding question no. 5.
In view of the facts, PIO/Rohini Zone is hereby ordered to supply the information/documents to the
appellant free of cost. Besides PIO is directed to provide the information relating to para no. 5 of the RTI
application. PIOs are directed to furnished the above mentioned information to the appellant within 5
working days.”
Ground of the Second Appeal:
Information not provided by PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Vijay Bhardwaj;
Respondent: Mr. Yogendra Sharma, EE(B-I) on behalf of Mr. N. C. Sharma, PIO & SE-I;
The PIO has given most of the information but is now directed to give specific information on the
following points:
1- Query-1: Whether any action has been taken against the officer, against whom the complaint
has been filed.
2- Query-2: The specific answer will be given again.
Decision:
The appeal is allowed.
The PIO is directed to provide the information on the two points as directed above to
the Appellant before 10 June 2011.
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
31 May 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)