CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi

Transcription

1 CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi Date of Hearing : Date of Decision : F. No.CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ Appellant/Complainant : Shri Thakur Rajeshwar Singh, Delhi Respondent : CPIO, South Delhi Municipal Corporation, Delhi Through: Akhtar Adil and Roshan Lal Information Commissioner : Shri Yashovardhan Azad Since common parties are involved in the present appeals, they are being clubbed together for hearing and disposal to avoid multiplicity of the proceedings. Relevant facts emerging from appeal: Case No. RTI filed on CPIO reply First appeal filed FAA order 2 nd appeal filed on

2 CIC/YA/A/2015/ The appellant vide RTI application dated under 5 points regarding total amount received and spend during and related to Swatch Bharat Abhiyan. CPIO vide letter dated stated as below: The record relating to the information sought by the applicant in the above said RTI application is not available in this office. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish query wise and complete information to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission. Relevant facts emerging during hearing: During the hearing the appellant was not present while the Respondent was present and submitted that no funds were received by them on account of the Swachh Bharat Abhiyan. He further stated that since he was not sure whether any other department was recipient of the funds and hence the RTI application was not forwarded by Sh. M L Khan, the concerned PIO, EE (M- III), South Zone, SDMC. Decision: After hearing the submissions of the Respondent and perusal of record, the Commission notes that the PIO, Sh. M L Khan not only lacked knowledge about such an important project (Swachh Bharat Abhiyan) launched by the Government of India and participation of his organisation therein, but his one liner reply also echoes the indifference and apathy of some Government officials to such constructive nation-building programmes. It has been submitted by his predecessor that there is no information available even whether any other department/unit of the SDMC was in receipt of any funds in this regard. Records reveal that Mr. Khan had not bothered to even transfer the RTI application to the nodal PIO nor comply with the order of the FAA, thereby displaying his ignorance of the RTI Act as well. In view of the conduct of Mr. M L Khan, who has since been promoted and now posted as Asstt. Commissioner, the Commission directs the erstwhile PIO, Mr. M L Khan, to explain the cause of dereliction of duty and violation of the RTI Act within two weeks of receipt of this order, failing which appropriate actions in terms of law shall be initiated. The AE (M-III), Sh. Akhtar Adil is directed to ensure that copy of this order is duly served upon Mr. M L Khan.

3 In so far as information sought by the Appellant regarding the Swachh Bharat Abhiyan is concerned, the Respondent is directed to transfer the RTI Application to the Nodal PIO, in terms of law. The Nodal PIO shall provide a response to the Appellant about the factual position whether the funds were received by SDMC, if so which department was the recipient and how has the fund been utilised. The Nodal PIO must respond within two weeks of receipt of this order, with a copy positively marked to the Commission. The appeal is disposed of accordingly. CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding list of development works started, completed, pending during of MCD wards. CPIO vide letter dated called upon the appellant to inspect the record as information sought is voluminous in nature. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish the complete information to the appellant within 10 days. Feeling aggrieved over non compliance of FAO and the appellant approached the Commission. CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding development works started, completed, pending during of MCD wards. CPIO vide letter dated called upon the appellant to inspect relevant records. The appellant preferred first appeal. FAA vide order dated directed CPIO as under: PIO directed to facilitate, within 10 days of issuance of this order, another opportunity to the appellant for inspection of the relevant record. Feeling aggrieved the appellant approached the Commission. Relevant facts emerging during hearing: Both the aforementioned cases viz. CIC/YA/A/2015/ and CIC/YA/A/2015/ arise out of the same set of queries and are accordingly adjudicated together. The Respondent submitted that in both the

4 cases, the Appellant was provided opportunity to inspect the records, since the records were voluminous. However, despite being a regular visitor of the Respondent s office, the appellant chose not to take the opportunity of inspecting the records in order to obtain the information. Decision: After hearing submissions of the Respondent and perusal of record, the Commission is of the opinion that the Appellant did not avail the inspection of records despite a fact that he does visit the office of the Respondent. He has chosen to remain absent even during the hearing of the Second appeals before the Commission, despite advance notice. There is no justification for taking any further action in both these appeals. The appeals are accordingly dismissed. CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 6 points regarding total number of sanctioned posts of sanitary staff as on April, 2015 in MCD Ward No CPIO vide letter dated furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish requisite information to the appellant within 7 days. Feeling aggrieved over non compliance of FAO and the appellant approached the Commission. CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 6 points regarding total number of sanctioned post of sanitary staff as on April 2015 in MCD ward no CPIO vide letter dated furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish the requisite information to the appellant within 07 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.

5 CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 6 points regarding total number of sanctioned posts of sanitary staff as on April 2015 in MCD ward no CPIO vide letter dated furnished point wise information to the appellant as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish requisite information to the appellant within 7 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission. CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 6 points regarding total number of sanctioned posts of sanitary staff as on April 2015 in MCD ward no CPIO vide letter dated furnished point wise information to the appellant as available on record. The appellant preferred first appeal. FAA vide order dated disposed of appeal as the CPIO furnished information sought to the appellant. Feeling aggrieved the appellant approached the Commission. Relevant facts emerging during hearing: The Appellant did not appear during the hearing. However the Respondent was present and submitted that information as available has been provided in all of the aforementioned appeals. Only the queries which are not clear could not be replied. Decision: After hearing submissions of the Respondent and perusal of record, the Commission notes that available information has been provided by the PIO. However, strangely, the FAA while dealing with the respective First appeals has directed the CPIO to furnish complete information without dealing with the merits of the case and without assessing or analysing as to what

6 information has not been provided and the cause behind. The orders passed by the FAA are evidently without application of mind and are baseless since they are not founded on facts of the case. The FAA under the RTI Act has a pivotal role to play and is expected to discharge his duties with diligence and sincerity. It is unfortunate to note that more often than not, especially in the case of this particular public authority, the FAAs rarely conduct the hearings of the First Appeals and issue directions as they are expected to, in terms of the RTI Act. It is this perfunctory mode of functioning of the higher officials like the FAA which is signal enough for the subordinates to follow suit thereby leading to defeat the very purpose of this Act. Hence, the Commission finds it imperative that copy of this order be marked to the Commissioner, SDMC to set his house in order, train his officials, conduct workshops on RTI Act for awareness of his staff in order that they possess the basic know-how of dealing with the RTI applications. In so far as the cases number CIC/YA/A/2015/002832, CIC/YA/A/2015/ , CIC/YA/A/2015/002529, CIC/YA/A/2015/ are concerned, the Commission finds that though the FAA has dealt mechanically with the matter, fortunately the PIO has discharged his duty adequately by providing sufficient information. The appellant has not appeared during the hearing to contest his case. There is no requirement for any further action in these cases. The appeals are accordingly disposed of. (Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission. (R.P.Grover) Designated Officer

7 Copy to:- Executive Engineer-(M)-III / South Zone, Maintenance Dept.-III, South Zone, Under Bhishma Pitamah Flyover, Sewa Nagar, New Delhi Superintending Engineer-II / South Zone, South Zone, Zonal Office Building, Aurobindo Marg, Green Park, Shri Thakur Rajeshwar Singh L-1, 9/1978, Ekta Chowk, Sangam Vihar, New Delhi Executive Engineer-(M)-III / South Zone, Maintenance Dept.-III, South Zone, Under Bhishma Pitamah Flyover, Sewa Nagar, New Delhi Executive Engineer-(M-I) / South Zone, South Zone, Gulmohar Park, Shri Thakur Rajeshwar Singh L-1, 9/1978, Ekta Chowk, Sangam Vihar, New Delhi Superintending Engineer-II / South Zone, South Zone, Zonal Office Building, Aurobindo Marg, Green Park, Superintending Engineer-I / South Zone, South Zone, Zonal Office Building, Aurobindo Marg, Green Park, Assistant Commissioner / Central Zone, Central Zone, Zonal Office Building, Room No.-105, Shiv Mandir Marg, Sanitation Superintendent / Central Zone, DEMS Department, Central Zone, Zonal Office Building, Shiv Mandir Marg, Deputy Commissioner / Central Zone, Central Zone, Zonal Office Building, Room No.-105, Shiv Mandir Marg, Deputy Health Officer / Central Zone, Health Department, Central Zone, Zonal Office Bldg, Shiv Mandir Marg, Shri Thakur Rajeshwar Singh L-1, 9/1978, Ekta Chowk, Sangam Vihar, New Delhi