Central Information CommissionKamaljeet Singh vs South Delhi Municipal Corporation ... on 31 May, 2021Author:Heeralal SamariyaBench:Heeralal Samariyaके ीयसूचनाआयोग\n                    Central Information Commission\n                      बाबागंगनाथमाग ,मुिनरका\n                      Baba Gangnath Marg, Munirka\n                     नईिद       ी, New Delhi - 110067\n िशकायतसं या / Complaint No.:              CIC/SDMCS/C/2019/159250\n CIC/SDMCS/C/2019/159253                   CIC/SDMCS/C/2019/159254\n CIC/SDMCS/C/2019/159248                   CIC/SDMCS/C/2019/159251\n CIC/SDMCS/C/2019/159245                   CIC/SDMCS/C/2019/159246\n CIC/SDMCS/C/2019/159252                   CIC/SDMCS/C/2019/159247\n                                           CIC/SDMCS/C/2019/159249\n\n\nKamaljeet Singh                                  ...िशकायतकता/Complainant\n\n                    VERSUS\n\n1. Public Information Officer Under RTI,\n O/o The Executive Engineer-I\n(West Zone), South Delhi Municipal\nCorporation,\nDr. Sahib Singh Verma Nigam Bhawan,\nRajouri Garden, New Delhi 110027.\n\n2. Public Information Officer Under RTI,\nOffice of The Executive Engineer\n(Bldg.-I),\nSouth Delhi Municipal Corporation, West\nZone, Zonal Office Building, Rajouri\nGarden,New Delhi 110027.\n\n3. Public Information Officer Under RTI,\n O/o The Executive Engineer-I ( South\nZone), South Delhi Municipal Corporation\n(SDMC), Green Park, New Delhi 110016.\n\n4. Public Information Officer Under RTI,\nOffice of The Deputy Commissioner/SZ,\n  South Delhi Municipal Corporation, West\n Zone, Zonal Office Building, Rajouri\n Garden,\n New Delhi 1 10027.\n                                                       ... ितवादीगण/Respondent\nRelevant facts emergingfrom complaint:\n\n\n                                  CIC/SDMCS/C/2019/159250       CIC/SDMCS/C/2019/159253\n RTI application filed       : 22.08.2019                       22.08.2019\n on\n CPIO replied on             : Not on record                    Not on record\n First appeal filed on       : 30.09.2019                       07.10.2019\n First Appellate             : 24.10.2019                       15.10.2019\n Authority order\n Complaint received at       : 09.12.2019                       09.12.2019\n CIC\n Date of Hearing             : 31.05.2021                       31.05.2021\n Date of Decision            : 31.05.2021                       31.05.2021\n\n                                   CIC/SDMCS/C/2019/159248 CIC/SDMCS/C/2019/159245\n RTI application filed on     :    22.08.2019               20.08.2019\n CPIO replied on              :    Not on record            Not on record\n First appeal filed on        :    30.09.2019               30.09.2019\n First Appellate Authority    :    24.10.2019               24.10.2019\n order\n Complaint received at        : 09.12.2019                  09.12.2019\n CIC\n Date of Hearing              : 31.05.2021                  31.05.2021\n Date of Decision             : 31.05.2021                  31.05.2021\n\n                                   CIC/SDMCS/C/2019/159254 CIC/SDMCS/C/2019/159251\n RTI application filed on     :    22.08.2019               22.08.2019\n CPIO replied on              :    Not on record            Not on record\n First appeal filed on        :    07.10.2019               07.10.2019\n First Appellate Authority    :    15.10.2019               15.10.2019\n order\n Complaint received at        : 09.12.2019                  09.12.2019\n CIC\n Date of Hearing              : 31.05.2021                  31.05.2021\n Date of Decision            : 31.05.2021                  31.05.2021\n\n                                CIC/SDMCS/C/2019/159246 CIC/SDMCS/C/2019/159252\nRTI application filed on    :   20.08.2019                22.08.2019\nCPIO replied on             :   Not on record             Not on record\nFirst appeal filed on       :   30.09.2019                07.10.2019\nFirst Appellate Authority   :   24.10.2019                15.10.2019\norder\nComplaint received at       : 09.12.2019                  09.12.2019\nCIC\nDate of Hearing             : 31.05.2021                  31.05.2021\nDate of Decision            : 31.05.2021                  31.05.2021\n\n                                CIC/SDMCS/C/2019/159247 CIC/SDMCS/C/2019/159249\nRTI application filed on    :   22.08.2019                22.08.2019\nCPIO replied on             :   Not on record             Not on record\nFirst appeal filed on       :   30.09.2019                30.09.2019\nFirst Appellate Authority   :   24.10.2019                24.10.2019\norder\nComplaint received at       : 09.12.2019                  09.12.2019\nCIC\nDate of Hearing             : 31.05.2021                  31.05.2021\nDate of Decision            : 31.05.2021                  31.05.2021\n\n\n                    सूचनाआयु         : ीहीरालालसाम रया\n\n            Information Commissioner:           Shri HeeralalSamariya\n\n\n\n Note: All the referred Complaints are clubbed together as they are\n preferred by same Complainant against a same Respondent Authority (i.e.\n SDMC). Since the issues involved in the present Complaints are similar in\n nature, the Commission proposes to adjudicate upon them together\n through the present order.\n                          CIC/SDMCS/C/2019/159250\n\nInformation sought:The Complainant sought informationis as under:Etc.\nDissatisfied that no reply received from the PIO, the Complainant filed a First\nAppeal dated 30-09-2019.The FAA vide order dated 24-10-2019, held as under:Grounds for Complaint:The PIO has not provided correctinformation to the Complainant.CIC/SDMCS/C/2019/159253\n\n\nInformation sought:The Complainant sought information is as under:a) Provide the duly certified and legible copy of the list of the properties\n      which have been regularized by A.E. Mr. Ravi Kumar and A. E. Mr. A K\n      Jain both posted in the office of E.E. Bldg.-I/SZ under the "Self-Assessment scheme for regularization of unauthorized construction" from\n      01.01.2016 to till date.b) Provide the duly certified and legible copy of the list of the properties\n      which have been sealed u/s 345 (A) and de-sealedu/s 345 (A) (3)of DMC\n      Act, 1957, by A.E. Mr. Ravi Kumar and A. E. Mr. A K Jain both posted in\n      the office of E.E. Bldg.-I/SZ from 01.01.2016 to till date.c) Provide the duly certified and legible copy of the list of the properties\n      which have been issued "Vacation Notice(s)" u/s 349 of theDMC Act,\n      1957by said A.E. Mr. Ravi Kumar and A. E. Mr. A K Jain both posted in\n      the office of E.E. Bldg.-I/SZ from 01.01.2016 to till date.d) Provide the duly certified and legible copy of the list of the properties\n      against which Demolition Order(s) (DO) u/s 343DMC Act, 1957, have\n      been passed by aforesaid A.E. Mr. Ravi Kumar and A. E. Mr. A K Jain\n      both posted in the office of E.E. Bldg.-I/SZ from 01.01.2016 to till date.e) Provide the information of the specific date which time and the concerned\n      official/officer for the inspection of document(s) and record(s) (by the\n      applicant herein) and taking note(s) and extract(s) related to aforesaid\n      query 4 (a) to 4 (d) u/s 2(j)(i) & (ii) ofRTI Act, 2005(22 of 2005).f) Provide the information of the exact date when the aforesaid A.E. Mr. Ravi\n      Kumar and A. E. Mr. A K Jain both posted in the office of E.E. Bldg.-I/SZ\n      along with details of all their previous posting(s) with tenure after joining\n      the erstwhile MCD and South DMC.g) Provide the duly certified and legible copy of the departmental "Transfer\n      Policy" regarding rotation of officer(s)/official(s) working on sensitive\n      post(s).h) Provide the information whether by A.E. Mr. Ravi Kumar and A. E. Mr. A\n      K Jain have never been suspended from their job for alleged corruption\n      and / or misuse of official position, dereliction of job or for any other\n      reasons? If the answer of the question is in affirmative then provide the\n      detailed information for the same.i) Provide the authenticated information whether the aforesaid A.E. Mr. Ravi\n      Kumar and A. E. Mr. A K have never been suspended from their job for\n       alleged corruption and / or misuse of official position, dereliction of job or\n      for any other reasons? If the answer of the question is in affirmative then\n      provide the detailed information for the same.j) Provide the information whether the aforesaid A.E. Mr. Ravi Kumar and\n      A. E. Mr. A K have ever faced any trial and / or inquiry of the Central\n      bureau of Investigation (CBI) or Anti Corruption Bureau (ACB)? If the\n      answer of the said question is in affirmative then provide the details\n      information for the same.k) Provide the duly certified and legible copy of the list of all the RDA\n      proceeding(s) which the aforesaid A.E. Mr. Ravi Kumar and A. E. Mr. A\n      K Jain faced previously and / or facing currently in his entire service\n      record.l) Provide the information whether the aforesaid A.E. Mr. Ravi Kumar and\n      A. E. Mr. A K Jain have disclosed all his movable and immovable\n      properties (upto date) as mandatedu/s 44(4)of the Lokpal and Lokayukta\n      Act, 2013 r/w rule 18 of Central Civil Service (Conduct) Rules 1964 as\n      amended up to 2014. If the answer of the question is in affirmative then\n      provide the detailed information of the same.m) Provide the authenticated information of the ID number assigned to this\n      instant RTI application and the South DMC official(s) along with\n      designation who compiled the hereinabove sought para wise and\n      comprehensive information.Dissatisfied that no reply received from the PIO, the Complainant filed a First\nAppeal dated 07-10-2019.The FAA, vide order dated 15-10-2019, held as under:PIO furnished reply to the Complainant, in compliance with the orders of the\nFAA, vide letter dated 19.03.2020, as under:Grounds for Complaint:The PIO has not provided correct information to the Complainant.CIC/SDMCS/C/2019/159248\n\nInformation sought:The Complainant sought information is as under:Etc.\nDissatisfied that no reply received from the PIO, the Complainant filed a First\nAppeal dated 30-09-2019.The FAA vide order dated 24-10-2019, held as under:Grounds for Complaint:The PIO has not provided correct information to the Complainant.CIC/SDMCS/C/2019/159245\n\nInformation sought:The Complainant sought information is as under:Etc.\n\n\nDissatisfied that no reply received from the PIO, the Complainant filed a First\nAppeal dated 30-09-2019.The FAA vide order dated 24-10-2019, held as under:Grounds for Complaint:The PIO has not provided correct information to the Complainant.CIC/SDMCS/C/2019/159254\n\nInformation sought:The Complainant sought information is as under:Etc.\nDissatisfied that no reply received from the PIO, the Complainant filed a First\nAppeal dated 07-10-2019.The FAA, vide order dated 15-10-2019, held as under:\n PIO furnished reply to the Complainant, in compliance with the orders of the\nFAA, vide letter dated 19.03.2020, as under:Grounds for Complaint:The PIO has not provided correct information to the Complainant.CIC/SDMCS/C/2019/159251\n\nInformation sought:The Complainant sought information is as under:Etc.\n\nDissatisfied that no reply received from the PIO, the Complainant filed a First\nAppeal dated 07-10-2019.The FAA vide order dated 15-10-2019, held as under:\n In compliance with the orders of the FAA, PIO furnished reply to the\nComplainant, vide letter dated 19.03.2020, as under:Grounds for Complaint:The PIO has not provided correct information to the Complainant.CIC/SDMCS/C/2019/159246\n\nInformation sought:The Complainant sought information is as under:Dissatisfied that no reply received from the PIO, the Complainant filed a First\nAppeal dated 30-09-2019.The FAA vide order dated 24-10-2019, held as under:Grounds for Complaint:The PIO has not provided correct information to the Complainant.CIC/SDMCS/C/2019/159252\n\n\nInformation sought:The Complainant sought information is as under:\n Dissatisfied that no reply received from the PIO, the Complainant filed a First\nAppeal dated 07-10-2019.The FAA vide order dated 15-10-2019, held as under:In compliance with the orders of the FAA, PIO furnished reply, vide letter dated\n19.03.2020, as under:Grounds for Complaint:The PIO has not provided correct information to the Complainant\n                          CIC/SDMCS/C/2019/159247\n\n\nInformation sought:The Complainant sought information is as under:Etc.\n\nDissatisfied with the reply received from the PIO, the Complainant filed a First\nAppeal dated 30-09-2019.The FAA vide order dated 24-10-2019, held as under:\n Grounds for Complaint:The PIO has not provided correct information to the Complainant.CIC/SDMCS/C/2019/159249\n\nInformation sought:The Complainant sought information is as under:Etc.\n\nDissatisfied that no reply received from the PIO, the Complainant filed a First\nAppeal dated 30-09-2019.The FAA vide order dated 24-10-2019, held as under:Grounds for Complaint:The PIO has not provided correct information to the Complainant.Relevant Facts emerging during Hearing:The following were present: -Complainant:present on phone\n\nRespondent:Shri Rajeev Kumar Singh-(AE-Bldg), South Zone&Mr. Abhay\nKumar, AE-Bldg, West Zone,present on phone.Complainant stated that he is satisfied with the replies of PIOs in the case nos.\n(CIC/SDMCS/C/2019/159245 till CIC/SDMCS/C/2019/159250). However, in\ncase nos.from CIC/SDMCS/C/2019/159251 till CIC/SDMCS/C/2019/159254\nno reply has been received.Upon Commissions instance, both the PIOs submitted that owing to the\ncircumstances created due to current pandemic he doesn't have the relevant file\nand thus, won't be able to make any submissions. However, he affirmed that he\nwould comply with the directions of the Commission, if any.Decision\n\nThe current milieu of the pandemic COVID-19 has necessitated the\nCommission to take some extraordinary steps in the disposal of cases to\navoid further backlog and delays subverting the very purpose ofRTI Actwhich includes inter alia hearing cases through audio conferencing.\n In doing so, Commission takes into account the submission of the Complainant\nand    observes  that    no     action   is    warranted   in    case   nos.\n(fromCIC/SDMCS/C/2019/159245 till CIC/SDMCS/C/2019/159250).However,        in      case      nos.      (CIC/SDMCS/C/2019/159251            till\nCIC/SDMCS/C/2019/159254)Commission is aghast by the fact that then\nPIOExecutive Engineer (South Zone)), South Delhi Municipal Corporation in\nsaid cases has failed to provide timely response and also failed to comply with\nFAA's direction within the stipulated time period. Commission expresses severe\ndispleasure over such a lackadaisical conduct of the then PIO in not having\nprovided any timely reply to the RTI Applications within the stipulated time\nframe ofRTI Actin all the referred cases and also for noncompliance of FAA's\norder within the stipulated time frame. Commission was unable to procure the\nname of the then PIOs, therefore Commission directs then PIOthrough the\npresent PIO((Executive Engineer (Bldg.-I)), South Delhi Municipal\nCorporation) to send his written submissions to justify as to why action should\nnot be initiated against him/her underSection 20of the RTI Act for the gross\nviolation of its provisions. In doing so, if any other persons are also responsible\nfor the omission, the then PIO shall serve a copy of this order on such other\npersons under intimation to the Commission and ensure that written submissions\nof all such concerned persons are sent to the Commission. The said written\nsubmission of then PIO along with submissions of other concerned persons,\nif any, should reach the Commission within 30 days after when current\nlockdown is lifted and PIOs rejoins the office.The present PIO will ensure service of this order to then PIOs.Further, copy of the order is marked to FAA, Superintending Engineer (South\n Zone)}, for taking note of the adverse observations of the Commission and for\n taking corrective steps as may be deemed fit as well as seek due compliance of\n the aforementioned directions.All the referred Complaintsare disposed of accordingly.HeeralalSamariya(हीरालालसाम रया)\n                                    Information Commissioner (सूचनाआयु     )\n\nAuthenticated true copy\n(अिभ मािणत स ािपत ित)\n\nRam Parkash Grover (राम काश ोवर)\nDy. Registrar (उप-पंजीयक)\n011-26180514Copy to be served through present PIOs to:1. Then PIO\n O/o The Executive Engineer-I ( South Zone),\nSouth Delhi Municipal Corporation (SDMC),\nGreen Park, New Delhi 110016.2. Then PIO\nOffice of The Deputy Commissioner/SZ,\nSouth Delhi Municipal Corporation, West Zone,\nZonal Office Building,\nRajouri Garden, New Delhi 1 10027.--(For taking note of the adverse remarks of the Commission and\n complying with the directions)--Copy marked to:FAA,\nSuperintending Engineer-I (South Zone)\nSouth Delhi Municipal Corporation (SDMC),\nGreen Park, New delhi-110023--(For taking note of the adverse remarks of the Commission and seek due\ncompliance of the directions)--