CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2010/000466/7417
Appeal No. CIC/SG/A/2010/000466
Appellant : Mr. Virender Pal Gupta,
President, Rastravadi Janata
Tipahiya Chalak Sangh,
MR-19-22, Vijay Nagar
Sadar Bazar, Delhi-110006
Respondent : Mr. C. S. Nawani
Public Information Officer &
Pollution Control Officer
Transport Department (GNCTD)
(Secretariat Branch)
5/9 Under Hill Road,
Delhi - 110054
RTI application filed on : 20/11/2009
PIO replied : 18/12/2009
First Appeal filed on : Not Enclosed
First Appellate Authority order : Not Enclosed
Second Appeal Received on : 08/02/2010
Date of Notice of Hearing : 12/03/2010
Hearing Held on : 08/04/2010
Information Sought:
Appellant sought information on 8 points regarding to the Driving Training Institute A Joint Venture
of Ashok Leyland and Govt. of NCT of Delhi Burari, Delhi- 110009:
1. When and on which date the Driving Centre get recognized. What are its capabilities such as HMV, LMV,
Commercial, PNV, Heavy Badge and TRS and when the authorization for Taxi Unit was given? Provide
certified copies of the same.
2. What is the ratio of Central Govt and State Govt. in this partnership and for how long this agreement will
be executed?
3. How many TSR, Taxi and HMV certificates have been issued, provide the no. in written?
4. Whether any written order or official gadget has been passed by the Cabinet of Delhi Govt. or STA board
has been published in news papers for the purpose of this venture, if yes then provide the certified copies of
the same.
5. What is the ratio of partnership and the property has been leased, for what period and for what amount.
6. How much amount of money has been spent on bills relating to maintenance, electricity and water uses,
and how many LMV and HMV are being used, whether State Govt. or Ashok Leyland bear the expanses
for the same.
7. Are the TSRs being plied in this organization?
Are the TSRs being provided or the TSR is available with them; provide the copy and RC of the same.
8. Whether the vehicles used are running on CNG or not, if yes, then provide the certified copies of their
Registration Certificates.
PIO's Reply:
As information pertained to operation branch, the requisite information has been received from the
concerned officer and the same has been provided to the Appellant.
Grounds for First Appeal:
Not Enclosed.
Order of the First Appellate Authority:
Not Enclosed.
Grounds for Second Appeal:
Appellant is not satisfied with the reply submitted by the PIO.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Virender Pal Gupta;
Respondent: Mr. C. S. Nawani, Public Information Officer & Pollution Control Officer;
The Appellant has sought information about Society for Drivers Training Institute (SDTI)
which appears to be a joint venture between Foundation to Assist in Inculcating Traffic Habits
(FAITH) which appears to be a society created by the Transport Department of the Government of
Delhi. He has sought information about the nature of this collaboration and has been given a
“Management Agreement” signed on 04/05/2005. The appellant claims that 10 acres of land with a
building has been given to this entity. The PIO has informed the Appellant that Rs.150/- per year is
charged as the rent for this. A perusal of the management agreement does not appear to reveal how the
profit if any of the entity would be shared. The loss on financial participation at Article-4 only states,
“The SDTI shall open a separate account in which fees charged to the Students and other aids/grants
received shall be deposited, and during the subsistency of this agreement, it shall be operated
exclusively by an authorised representative of SDTI. SDTI shall submit an annual budget of cost and
expenses, to the FAITH for its approval. On approval, all the expenses shall be met by SDTI through
the funds in the aforestated account. In the event o insufficient funds in the said account, the deficit
shall be provided by ALL, Annual income and expenditure shall be audited by the competent authority
i.e. certified registered and approved Chartered Account.”
A plain reading of this appears indicate that the profit or loss would be borne by SDTI which is said to
be society founded by a private company M/s Ashok Leyland Limited and 10 acres of land and a
monopoly franchise has been given to it by Delhi Government. The PIO states that there may be some
other agreement.
The Commission directs the PIO to give a copy of any other agreement which may exist on the
financial participation to the Appellant and the Commission. If there is no agreement on the financial
participation the PIO is directed to give photocopies of the proposal evaluation which may have been
done before making this agreement to the Commission and the Appellant.
Decision:
The appeal is allowed.
The PIO is directed to provide the information as described above to the
Commission and the Appellant before 20 April 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
08 April 2010
(In any correspondence on this decision, mention the complete decision number.)(DR)