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CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi - 110067 Tel: +91-11-26161796

Decision No. CIC/SG/A/2010/002467/10202 Appeal No. CIC/SG/A/2010/002467 Relevant Facts emerging from the Appeal Appellant : Mr.Rakesh Gaur B-3/3201, Bougainvilla Apartments Residents Welfare Association, Vasant Kunj New Delhi-110070 Mr. Rajesh Prasad PIO & Additional Dy. Commissioner Municipal Corporation of Delhi O/o ADC(HQ), Town Hall, Chandni Chowk, Delhi - 110006 27/05/2009 MCD: 16/12/2009 13/01/2010 03/06/2010 DDA: 29/09/2009 08/04/2010 11/06/2010 04/09/2010 Reply of the PIO

Respondent

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RTI application filed on PIO replied

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First appeal filed on First Appellate Authority order Second Appeal received on Sl. 1.

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Information Sought As per clause 3 of Gazette Notification dated 16th September, 2005 published in Part-Il, Section 3, Subsection (I) of the Gazette of India, the Ministry of Personnel, Public Grievances and' pensions (Department of Personnel & Training), Govt. of India, the Appellant requested for the following Information (A) A copy of relevant gazette notification! Circular notification / order etc issued by MCD or any other authority empowered under the RTI Act, 2005, in suppression of the GOI gazette notification dated 16/9/200 which prescribes that the postal order should be payable to "MCD" or "Commissioner MCD" not to `Account Officer MCD" because I had made the postal order payable to "Account Officer, MCD" as prescribed under the rules issued vide gazette notification mentioned above but my application was returned for the reasons stated above

1(A) Appellant has not received any information provided except that the ADC (HQ5) simply provided a copy of Section 100 of MCD Ad wherein it has been provided that the Commissioner shall receive the payment, credit of payment etc.

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(B) The name, designation and address of the officials who returned the application due the reason statedabove in violation of the provisions of the Act and f es made there under and intentionally avoiding/ delaying the process of providing: information. (C) The total no. of applications received in MCD accompanying with the drafts payable to "Accounts Officer, MCD" since the date of implementation of the Act and the amount incurred as postal charges in sending these application back may be informed. Appellant requested for the name, address and contact telephone nos. of the Senor Sanitary Supdt, Sanitary Inspectors and Asstt Sanitary Inspectors and Safai Karamcharies assigned the sanitary work of 8-3 & 4 block of Vasant Kunj), New Delhi.: A copy of the Inspection Book of the supervisory staff giving details of inspection done in these blocks and Attendance register of Safai Karmcharies for the months from April to October 2009 It has come to the notice of different RWAs in Vasant Kunj area that a system of house holds garbage removal has been finalized implemented by MCD under "PPP system" but the Public. RWA has not been consulted before finalizing' this scheme. Now the representatives of private agency are approaching `the RWAs to, take over the possession of functional and non functional Dhalaos (Bins) without producing any authorization. The Appellant has requested for complete details of the scheme and a certified copy of the term and conditions of the said system Provide the action taken report on the letter dated 02/03/2009 addressed to Commissioner, MCD requesting him to allow us for adopting the central Park of B-3 Block Vasant Kunj. Provide the action taken report on the letter dated 20th July, 2009 to Commissioner, MCD requesting for desilting of sewer lines and change of manhole covers in B-3 Vant Kunj, New Delhi

I (B) The name of the official is Sh. Pankaj, working as CSB Supervisor and was forwarded by the office of AQ/CSB by Sh. Suresh, LDC of CSB/Town Hall to AO/CS8.

1(C) No such record is maintained.

2

No information was provided to the Appellant by the PIO, however information was provided during the pendency of the first appeal and in compliance of the orders of the FAA.

3

No Information was provided by the PIO

4

Letter dated 2.03.09 was not received in Central Office &Commissioner Office. Letter dated 20.07.09 is received in Central Office on 23.07.09 and sent to Addl. Commissioner (DEMS) vide by. No. 4024 dated 23.07.09

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Provide action report in the letter dated 20th July, 2009 Letter dated 20.03.09 is not received in was sent to Commissioner, MCD regarding pending Central Office & Commissioner Office. maintenance work and poor civic amenities in and around Pocket B-3, vasant Kunj. The copies of letters dated 20th July, 2009 were also sent to Dy. Commissioner,' Najafgarh Zone as the area fell under his jurisdiction. These letters were not even acknowledged and no action was taken on any of the letters except changing sewer man- holes. (A photocopy each of the letters stated above is enclosed Annex. H, HI & IV). Page 2 of 4

7.

8 9

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Appellant requested for the daily progress report on these letters. Also inform the names, designations and addresses of the officers to whom these letters were forwarded. What action will be taken against the officers found guilty of, not taking action on the complaints/ grievances. Appellant requested for the time period to be taken by the concerned officer to attend the complaints, grievances, requests made in the above said letters. Provide information from DDA regarding different matters of BIocl-B-3&4, Vasant Kunj, New Delhi110070 vide Appellants application dated 27/5/2009. (Copy enclosed Annex V). The jt. Director (Enf.), DDA after four months, hs intimated vide his letter dated 29/9/2009 (Copy enclosed' Annex.VI) that all the points Except l to 8 pertain to DDA as the area has been not been notified. In this regard Appellant requested for a copy of order denotifying the area and information on `all the points in the application enclosed except Points 4 to 8. A Postal order no.84E129183 dated 11.09.2009 for Rs. 10/- payable to Commissioner, MCD as advised by some officials of MCD is enclosed herewith. I hereby declare that I am a Indian citizen and entitled to seek information under RTI Act, 2005.

No information available in the office Information sought is not covered in the RTI Act 2005 No information available in the office

No Information sought No Information sought

Grounds for the First Appeal: Information provided by the PIO (MCD) is incomplete and dissatisfactory. No Information provided by the PIO (DDA) Order of the First Appellate Authority (FAA): The Appeal filed by the Appellant is time barred according to the provisions of the RTI Act and no further justification of delay is given by the Appellant. And the Appellant must file the appeals before the relevant FAA for each of the said replies of the PIO's Grounds for the Second Appeal: Incomplete and incorrect reply form the PIO and the FAA without checking or calculating the time period has stated in the order that the appeal is time barred. Relevant Facts emerging during Hearing: The following were present: Appellant: Absent; Respondent: Mr. K. C. Mittal, UDC on behalf of Mr. Rajesh Prakash, PIO & ADC(HQ); The Commission directs that the following information must be provided to the Appellant by the respective PIOs: 1Query-3: Copy of the `PPP System' agreement should be provided by the PIO, South Zone, Greent Park, New Delhi. 2Query-5: Information should be provided by PIO, South Zone, Green Park, New Delhi. The Commission also directs the Municipal Commissioner to ensure that all PPP Agreements for collection of garbage must be displayed on the website of MCD before 20 December 2010. A compliance report should be sent to the Commission before 20 December 2010. Page 3 of 4

Decision: The Appeal is allowed. PIO South Zone (Green Park) is directed to give the information on two points mentioned above to the appellant before 20 December 2010. The Municipal Commissioner is directed to email the report along with the url address where the information has been uploaded to [email protected] The Report must include: 1. Measures taken to fulfill disclosure obligations under Section 4 including making information available on your official website. 2. Measures put in place to ensure regular updating of the information uploaded on the websites.

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 29 November 2010

(In any correspondence on this decision, mention the complete decision number.)(GJ)

CC: To, 1The Municipal Commissioner MCD Town Hall, Chandni Chowk, Delhi - 11006 Public Information Officer MCD South Zone, Green Park, New Delhi

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