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Decision No. CIC/WB/A/2008/00922/SG/3786
Appeal No. CIC/WB/A/2008/00922/SG
Relevant Facts
emerging from the Appeal:
Appellant : Mrs. Neena Gola
1713 (2nd Floor), Pratap Street,
Chuna Mandi, Paharganj,
New Delhi-110055.
Respondent : Mr. Ram Kanwar
Public Information Officer &
Dy. Director (estate)
New Delhi Municipal Council
Palika Kendra, New Delhi
RTI application filed on : 31/12/2007
PIO replied : 31/01/2008
First appeal filed on : 15/04/2008
First Appellate Authority order : 27/05/2008
Second Appeal filed on : 05/06/2008
S. No. Information Sought PIO's Reply
1. The full names, addresses and particulars of Lt. Governor of GNCT of Delhi is
the Authority, Agency and others which are competent Authority to appoint
designated, authorized and competent to Asstt. Collector (Recover) on the
decide, order, appoint and notify the recommendation of the Chairman,
officer/collector for collecting and realizing NDMC.
the arrears and dues on behalf of the
NDMC.
2. The provisions, sections, clauses, etc. of the Under Section 400 of the NDMC Act
relevant Act under which the said 1994, relates to delegation of powers
appointment and notification is made of the on a person who would exercise
said officer/collector. functions on behalf of the Chairman
for all such purposes for which the
chairman can exercise the powers
under Section 363 of NDMC Act.
3. The nature etc of the said arrears and dues Arrears of license fee/dues declared
which the said designated officer/collector dues under orders of the Estate
is authorized, empowered and competent to Officer or the Competent Authority
collect and realize the arrears and dues for to recover the said arrears from Ex
the NDMC. Allottees.
4. The details of procedures etc. adopted and Issue of notice/warrants under the
followed by the said officer/collector for provisions of Rules. In case of non-
collecting and realizing the arrears and dues reply of the said notices, warrants,
for the NDMC. attachment of Bank Account is
applied.
5. a) The provisions, notifications etc. by There is no provision, notification
virtue of which the said designated, etc. by which the officer/Asstt.
authorized and competent officer/collector Collector has been authorized to
can delegate the said powers, etc. to delegate such power to his Jr. Officer
another subordinate/junior officer- subordinate.
officer/Dy. Collector/Assistant-collector to
collect and realize the said arrears and dues
for the NDMC.
b) The qualification, parameters,
entitlements etc., which are observed
before delegating the said powers etc. to
another said Sub-ordiante/Junior- Pertains to Govt. of NCT of Delhi,
officer/Dy.-Collector/Asstt. Collector. who delegates the powers.
6. a) The nature etc. of the arrears and All arrears as orders by the Estate
dues which an employee/officer of Officer of Court of Law are to be
the NDMC can collect and realize recovered by Asstt. Collector.
under clause:363 of the NDMC
Act-1994, as the delegated Dy.
Collector/Asstt. Collector.
b) The restrictions, limitations, extent
etc. upon the said nomenclature of
the arrears and dues which are No such description of the arrears as
observed only as on declared due to be recovered by the
employee/officer of the NDMC, for Estate Officer could be claimed by
collecting and realizing the arrears the Asstt. Collector.
and dues under clause 363 of the
NDMC Act-1994.
c) The details of the procedures etc.
adopted and followed by the said
Dy. Collector/Asstt. Collector for
collecting and realizing the arrears
and dues for the NDMC. Notice/warrants are issued through
special messenger or by post or
through local police authority.
7. a) The implications, consequences etc. Not applicable.
upon the NDMC for not adhering
and/or for not observing, as per the
above
b) The status, positions, effect etc. of
the decision taken, order passed,
notices issued, etc by the said Notice/warrants or other recovery
Authority, agency, others and/ or by methods as per provision of law are
the said un-authorized Dy. valid and cannot be declared Null
Collector/Asstt. Collector and or by and Void.
the said employee/officer of the
NDMC.
c) The Legal remedies etc. (e.g.
Claims, Damages, Penalties,
Prosecutions, etc.) available to the
person, company, others in the
event of the NDMC’s failure and
for not adhering/observing as per
the above, against the (i) Authority, As per law.
Agency, Others.(ii) Concerned un-
authorised Dy.
Collector/Asstt.collector (iii)
Concerned employee/officer.
Ground of First Appeal:
Incomplete information received from the PIO.
First Appellate Authority ordered.
The FAA in his order stated that the PIO informed him that his reply to the Appellant was
complete and if the Appellant still thought it incomplete then the PIO offered to inspect the
desired record and said that the same will be provided to her immediately.
Ground of the Second Appeal:
Copies of orders/Documents sought for and referred, not provided.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Mr. Ashok Chaudhary on behalf of PIO, Mr. Ram Kanwar
The PIO has given most of the information. However, the basis of the office of 17/06/2002 had
not been provided. The note sheet has been procured by the PIO and he is directed to send the
certified copy of this to the appellant.
Decision:
The Appeal is allowed.
The PIO will send the information to the appellant before 30 June 2009.
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
19th June 2009
(In any correspondence on this decision, mention the complete decision number.)
(GJ)