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MCD website has crashed and Dr. Patnayak has assured Mr. Gandhi
on 03 October 2009 that the website would be up and running by 06
October 2009. The Website to be checked by 10 October 2009.
CHECKED
4.
CIC/SG/A/2009/001125/3905 dated 29 June 2009
Appellant: Mr.A.N.Prasad
Respondent: Mr. Shalender Singh Chauhan, PIO Deshbandhu College
The present PIO has brought a copy of the Section (4) compliance but
admits that no updation had been done ever since it was made. The FAA
Principal Dr. A.P.Raste committed that the updation of the Section
(4) disclosure will be done before 30 July 2009. He was also directed
to ensure that this is available on the website before 15 August 2009
and updated every week.
Verified
5.
CIC/SG/A/2009/000907/3632 dated 10 June 2009
Appellant : Mr.Rahul Sharma
Respondent : Mr. P.K.Jaggi, PIO Drugs control Department, GNCTD
The appellant stated that as per Section 4(1)(b)(xiii) particulars of
recipients of concessions, permits or authorizations granted by it should be
suo-moto disclosed. The PIO stated that they would be able to provide
names and addresses of the medical (chemist) retails stores. Presently the
data of the pharmacists working in these stores is not available in collated
form. The Commission sees the need for this information to be provided suomoto by the public authority. Since this is definitely very important part of
information relating to medical stores in Delhi. This will also help citizens to
monitor whether medical stores are following appropriate measures and
whether public authority is doing its job. The Commission directed Dr.
A.K.Singla Drug Controller to ensure that the list of pharmacists
working in medical stores alongwith their names and addresses shall
be put up on its website before 15 August 2009.
Verified
6.
CIC/SG/A/2009/001334/4037 dated 9 July 2009
Appellant: Mr.S.S.L.Gupta
Respondent: Mr. Manoj Verma on behalf of PIO Mr. Suresh Chand
MCD
The Commission directed the PIO to ensure that a list of all building
plans where sanction has been given shall put up on the website
indicating the dates on which sanction has been given and dates on
which completion certificates and occupation certificates given. This
is a requirement under Section 4 of the RTI Act being communicated to the
PIO. This information will be put up on the website before 25 July 2009. This
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will cover a period for building plan sanctioned from 1 January 2005
onwards.
List of sanction building plans for Central Zone till 2008 has been put up.
Information about few other zones has been put up but it is scattered and
looks inadequate. In some zones the cut off date is 2005.
Verified
7.
CIC/SG/A/2009/001215/3997 dated 06 July 2009
Appellant : Mr. Ripu Sudan
Respondent: (Absent) Food Supplies & Consumer Affair Department,
GNCTD
The Appellant had applied for the renewal of the Ration Card in 2007. He
had surrendered the old card on 29.05.2007 but has received no reply from
the Public Authority. He has therefore asked about the fate of his
application, which has not been provided. The Public Authority must
provide details of application for ration cards suo moto under
Section 4 and if any of the applications are refused, these must also
be declared on its website. Reasons for refusal must also be
displayed.
The PIO was also directed to ensure that the names of those who
apply for ration card, dates on which they apply and dates on which
ration cards are given should be put up on the websites of the Public
Authority under Section 4 of the RTI Act, 2005. If any applications
are rejected this should also be put up with reasons for rejection.
The PIO will ensure that this is done by the Public Authority before
15th August 2009.
Verified
8.
CIC/SG/A/2009/000625/4217 dated 22 July 2009
Appellant: Mr. Jathedar Kuldip Singh Bhogal with Mr. Baljit Singh
and Mr. Ajai Kumar adv.
Respondent: Mr. I.S. Bakshi advocate and Mr. N.S. Badhan, PIO,
Delhi Sikh Gurdwara Management Committee.
The information sought should be disclosed suo-moto under Section 4 of the
RTI Act. This should have been disclosed before 12 October 2005. The PIO
was directed to ensure that this information is put-up on the website
and also available in hard copy at its offices before 15 September
2009. It must also be ensure that this information is updated
regularly. It must also be ensure that this information is updated
regularly.
Checked
9.
CIC/SG/C/2009/000403/4182 20 July 2009
Complainant: Mr. Rakesh Agarwal
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Public Authority has apparently has not done this. The PIO was
directed ensure that these are uploaded on the website before 15 August
2009. He was also directed to ensure that other Section 4 disclosures are
also in place by 15 August 2009.
Needs to be checked.
15. CIC/SG/A/2009/001443/4159 dated 16 July 2009
Appellant: Mr. Ashok Sadana
Respondent: Mr. Tej Singh, PIO Registrar of Cooperative Societies
The information sought by the Appellant should be with the Registrar of
Society as per their rules and normal functioning. The PIO admits this but
states that the file is not traceable. The RCS has a certain function of
containing certain information and regulating the working of societies. If
this information is not available with the RCS there is a serious doubt about
its purpose of existence since it cannot be doing its function of regulating
the societies. RCS reputedly claims that the information which it should
have is not available and directs various societies to provide the
informations. This act of RCS has no basis in Law.
Looking at this the Commission directs the PIO to ensure that the
names of all the societies under the Control of the Public Authority
details of the registration and dates on which the Annual Returns
are submitted by the societies must be put up on its website as part
of its Section 4 compliance before 15 August 2009.
Needs to be checked
16. CIC/SG/A/2009/001404/4143 dated 15 July 2009
Appellant : Absent
Respondent : Mr. S. K. S. Yadav, PIO - Department of Urban
Development
The information sought by the Appellant from the Urban Development
Department regarding assembly constituency Bhalaswa Jhangirpuri of Shri
Jile Singh Chauhan the then MLA has been provided. As regards other
information the PIO has transferred the RTI application to MCD, Delhi Jal
Board, Department of Power and Irrigation and Flood department the
Appellant had not filed any first appeal to these departments.
The Commission directed the PIO of Urban Development
Department to ensure that the disclosure as per Section 4 are made
on their website. In particular the Commission directs that
disclosure of funds allocated for MPs, MLAs and Councilors are
displayed on the website project-wise and date-wise before 15
August 2009.
Information put up.
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The PIO present state that the allocation of funds is done by Urban
Development Department and they give a monthly report about the
progress of the works and the amount spent. The complaint was against the
PIO of the Urban Development Department though hearing notice sent to
him to appear before the Commission at 10.00am he has abdicated his
responsibility and not come to hearing.
The PIO of MCD(HQ) Mr. Pradeep Khandelwal assures that Commission that
the details of the progress of work and the amount spent will be put-up on
the MCDs website before 15 September 2009. The PIO of Power
Department Mr. K.P.Suhag claims that there is no allocation of MLA funds
for the power departments so far. The power department will putup the
allocation of zero on the website. If and when any allocation is made they
will display the amounts allocated name of work, progress of work and
amount spent. The PIO of NDMC states that the information has been
uploaded on the website on
29 August 2009. Mr.
K.Sambhamurthi states that the information as described will be putup on
the website before 20 September 2009. All PIOs are directed to ensure that
this information is updated every month and the date of updation shall be
mentioned on the website.
Mr. S.K.S. Yadav, Joint Secretary and PIO Urban Development Department
has all the information according to the PIOs present. The website of the
Urban Development Department does not display the details work-wise and
the amount and the progress of the works which was the main complaint of
the Complainant. The Statements of the all the PIO present is that they are
giving monthly report to Urban Development Department about this and
therefore it appears that the PIO of Urban Development Department Mr.
S.K.S. Yadav is taking his job very lightly. His irresponsible action has
resulted in four officers of the Government of various department have
come to this hearing resulting in half a days loss of work. Mr. S.K.S. Yadav
PIO of Urban Development Department was directed to ensure that
the complete details as suggested by the Complaint are putup on the
website of Urban Development Department before 15 September
2009.
Has to be checked
26. CIC/SG/A/2009/001828/4846 dated 18 September 2009
Appellant: Mr. Rakesh K. Gupta
Respondent: Mr. V.K. Garg PIO DSIIDC, GNCTD
The Appellant has asked for information which is covered under Section 4
requirements of the RTI Act. It is apparent from the replies given by the PIO
that the Section 4 compliance of the organization is fairly poor. The Section
4 compliance was to be done by 12 October 2005 and after four years it has
still not been complied with. The Commission directed the PIO to
ensure that all the details required by Section 4 of the RTI Act are
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Details of tower list in Central Zone have been put up and updated
till 30/03/2010. Information about illegal towers in Rohini zone has
also been put up. There is no information about the other zones.
38. CIC/SG/A/2009/002673/5898 Dated 15 December 2009:
Municipal Corporation of Delhi , (Civil Zones and Rohini Zone)
The details of the entitlements given to beneficiaries have to be given suomoto as per Section 4(1) (b) (xii) of the RTI Act. This condition was to be
fulfilled by 12 October 2005. MCD has not done this so far. The Commission
directs the PIOs to ensure that this is done before 30 January 2010
failing which the Commission will have to take appropriate action under the
RTI Act.
Information about the pension scheme (beneficiaries) has been put
up. It covers the karol bagh zone, shahdara north zone, south zone,
rohini zone, central and najafgarh, west and civil lines zone. There is
no information about Shahdara, south zone, Narela zone, sp zone
and city zone.
Verified
39. CIC/SG/A/2009/002761/6079
Respondent: Mr. Arvind Mishra, Public Information Officer & Dy. Medical
Superintendent;
The Appellant has been given most of the information but information on
the budget has not been provided to him. The PIO is directed to provide the
budget for the last two years to the appellant. It also appears that the
Section - 4 compliance of the public authority has not been done. The PIO is
directed to ensure that the complete Section - 4 declarations are made
available on the website of the public authority before 30 January 2010.
The PIO was directed to ensure that the complete Section - 4 declarations
are made available on the website of the public authority before 30 January
2010.
Has to be checked
40. CIC/SG/A/2009/002993/6311 07 January 2010
National Council of Educational Research and Training
(NCERT),
The PIO has stated that the public authority do not have a specific analysis
of correction/mistakes. The appellant pointed out that one report of 2008
analysis did carry this as part of the over all qualitative analysis. After this
the PIO has provided the qualitative analysis report of the year 2008. The
PIO has stated that they do not obtain the papers and answer keys to the
exams conducted by the States and hence do not have these. The Appellant
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claims the qualitative analysis shows that the number of mistakes is very
high whereas the respondent states this is not the case. The Commission
directs that as part of Section-4 compliance the NCERT will ensure that the
qualitative analysis report is put up on the website.
The Commission directs the PIO to ensure that as part of Section-4
compliance the NCERT will ensure that the qualitative analysis report is put
up on the website before 30 January 2010.
checked
41. CIC/SG/A/2009/002910/6364 13 January 2010
Department of Social Welfare
Most of the information sought by the appellant should actually be declared
suo-moto by the public authority under its Section-4 obligations. The
Commission
had
by
its
order
of
14
July
2009
no.
CIC/SG/A/2009/001380/4117 directed Mr. Dharam Vir Singh, PIO(NorthWest-I), Rohini to ensure that the following information was available on the
website:
The PIO was directed to ensure that the details giving name, age
and address of Applicants under all such Schemes is displayed on
the website indicating if the application was accepted and the date
from which the entitlement is given, dates on which applications are
rejected if any and reasons for rejection. This order was given for
comply with the requirement of Section 4 of the RTI Act. The PIO
was directed to ensure that this information is displayed on the
website before 15 August 2009 and hard copies available at the
office.
The Commission finds that this order has not been complied with. The
Commission now directs this PIO to ensure that details of all welfare
schemes are putup on the website giving details of beneficiaries.
The
PIO is directed to ensure that the Section-4 declarations are putup on the
website before 15 February 2010. The Compliance report will be sent to the
Commission before 20 February 2010.
Checked
42.
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All citizens should have access to daily sale register, and stock
register under suo moto disclosure of RTI Act.
Name and designation of each official in the Circle office along
with their stated roles and responsibilities.
Name and contact details of PIOs and FAA.
Procedure to apply for new ration cards and the list of documents
required.
Time frame for disposal of various applications (new cards,
renewal, change of address etc).
Date of the next Vigilance Committee meeting and names of the
members of the Committee.
Rights and privileges of ration card holders as per Section 6(7) of
Annexe to PDS Control Order 2001.
List of documents present in the Circle Offices.
The Complainant brought a sample display print of the information that may
be displayed outside each Fair Price Shop. Keeping this is view, the
Commission directs that the following information will be displayed at the
Fair Price Shops under the Department:
i)
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ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
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these timings are displayed on the website under its Section - 4 compliance
before 28 February 2010.
Information
has
been
uploaded
on
the
website
http://www.delhi.gov.in/wps/wcm/connect/DOIT_DJB/djb/home under the link timing of water
supply in Delhi.
Verified
46.
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The Commission directs Dr. Ajay Handa, Dy. Health Officer, Shahdara South
to collect the information from all the zones about the names and addresses
of banquet halls, whether they are licensed and number of challans issued
against them in the year 2009. This information will be put up on the
website of MCD before 28 February 2010. The PIO will also ensure that
information about challans issued against unlicensed banquet hall will be
updated every halls. The PIO will also ensure that the regulations for the
banquet halls is putup on the website. This direction is being given and
MCD must comply with it in discharge of its obligation under Section -4 of
the RTI Act.
Zone wise list of banquet halls (licensed and unlicensed) has been
put up. There is no information about challans nor is there any
information about regulations.
Checked
48.
the
website
49.
CIC/SG/A/2009/002880/6162Adjunct
Transport Department, 5/9, Under Hill Road, Delhi 110054
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The Appellant has been mainly concerned with the fact that a contract of over Rs.150Cr
has been given for supplying smart cards for registration of vehicles at a cost of about Rs.370/per smart card. The PIO states that whereas the contract specifies a period of 04 days for the
vendor to deliver smart cards, there is no tracking to see if this is actually happening and the
contract wonderfully has no provision for any punitive action if the vendor does not deliver
within any specified time. The Appellant has shown in an inspection of the files that he was able
to locate at least 10 files in New Delhi Zone where the date of printing smart card was delayed
by 30 to 100 days. Since there is no system of tracking whether this smart cards are indeed
delivered in 04 days the PIO states he could not have provided the information. According to the
Appellant the actual cost of making the smart card is much less than Rs.50/- for which citizens
are paying about Rs.370/-. The PIO states that now RC Tracking system has been put in place in
which the dates of all the activities is listed in the provision of a RC Smart Card. The Department
has presently decided to ensure that only the Department and dealers can see this. On the
complaint of the Appellant that false information was provided to him, the Commission does not
see this as valid. Hence the penalty proceedings are dropped.
The Commission directs that this information is made available on the website of the Department
in compliance with the Section 4 obligations.
The Commission directs the deemed PIO Mr. A. P. Gautam, System Analyst to ensure that this
information is made available on the website of the Department before 15 March 2010.
Check compliance:
http://www.delhi.gov.in/wps/wcm/connect/DoIT_Transport/transport/home
Information
has
been
uploaded
on
the
website
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The PIO is directed to ensure that all the earlier order issued by the Commission are complied
with before 20 April 2010. The PIO is directed to send the report along with the url address
where the information has been uploaded. The same may also be emailed to
rtimonitoring@gmail.com. The Report must include:
1).
2).
Measures put in place to ensure regular updating of the information uploaded on the
websites and made available at the offices.
Decision:
The Appeal is allowed.
The PIO is directed to ensure that the Section-4 order given by the
Commission are implemented before 20 April 2010 and a compliance report given
to the Commission by 25 April 2010.
Checked
52- CIC/SG/A/2010/000541/7468 dated 15/ April/2010
Mr. R. K. Sharma
Public Information Officer & SE(B)
MCD- Head Quarters
Town Hall, Chandni Chowk
New Delhi-110006
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. P.C. Pande;
Respondent: Mr. R. K. Gupta, AE(B) on behalf of Mr. R. K. Sharma, PIO & SE(B);
The PIO has not provided information about Zone wise complete details of existing & ongoing unauthorized construction and encroachment of public land on Delhi but has transferred the RTI
application to 12 PIOs in 12 zones. The PIO realizes that this information could very voluminous and
hence is directed to ensure that this is pup on the website of MCD under its Section-4 obligations. All
the 12 PIOs are directed to ensure that they update this information every week. The PIO is directed to
ensure that this is putup on the website of MCD before 30 May 2010. The PIO is directed to send the
compliance report along with the url address where the information has been uploaded. The same may
also be emailed to rtimonitoring@gmail.com. The Report must include:
1.
Measures taken to fulfill disclosure obligations under Section 4 including making
information available on your official website as well as hard copies of the information at
the departments offices.
2.
Measures put in place to ensure regular updating of the information uploaded on the
websites and made available at the offices.
The PIO is also directed to send the compliance report as directed above to the Commission
before 05 June 2010.
Checked
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Decision:
The appeal is allowed.
The Registrar of Registrar of Cooperative Societies to define the duties and functions of
the audit department and put it on its website in discharge of its obligation under Section-4 of the
RTI Act. This must be done before 20 May 2010 and compliance report will be sent to the
Commission and the Appellant before 25 May 2010.
Checked
53- CIC/SG/A/2010/000404/7530 Dated 21/04/2010
D.S.I.I.D.C. Ltd
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Rakesh Kumar Gupta;
Respondent: Mr. V. K. Garg, Public Information Officer & Chief Manager (RL);
The appellant had earlier file a RTI application and the Commission had ruled in
Decision no. CIC/SG/A/2009/001828/4846 on 18 September 2009 that the rules for allocation of
plots must be displayed on the website in fulfillment of Section-4 requirements by the
Department. This was supposed to have been done before 10/10/2009. Discussions with the PIO
revealed that even today there is no set of rules available in the compiled form. The Appellant
alleges that the allocation and cancellation of plots is being done illogically. The PIO is now
directed to ensure that rules for allocation and cancellation of plots should be compiled and given
to the appellant before 15 May 2010. These will also be displayed on the website and a
compliance report will be sent to the Commission by 20 May 2010.
The PIO will also facilitate an inspection of the files after the rules are compiled.
Decision:
The Appeal is allowed.
The PIO is directed to ensure that rules for allocation and cancellation of plots should be
compiled and given to the appellant before 15 May 2010. These will also be displayed on the
website and a compliance report will be sent to the Commission by 20 May 2010. The PIO will
also facilitate an inspection of the files by the Appellant after the rules and compiled and copies
of the records which appellant wants will be given free of cost upto 300 pages.
Checked
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56)
CIC/SG/SEC 4/2010/007
12 May 2010
To
The Chairperson
New Delhi Municipal Corporation (NDMC)
3rd Floor, Palika Kendra, Sansad Marg,
New Delhi - 110102
Subject: Suo moto disclosure under Section 4 of the RTI Act, 2005
It has come to the Commissions notice that a considerable amount of information relating to
Allotment of Commercial Plots to Private Operators in Delhi is not available in the public
domain and disclosures under Section 4 of the Right to Information Act 2005 have not been
made in this regard. This information should be declared suo moto as per the provisions of
Section 4 (1) (b) (xiii). As you are probably aware, disclosures in accordance with Section 4 of
the RTI Act are crucial to ensure transparency and accountability in institutions. This would
reduce the load of RTI Applications being filed with each institution as information would be
freely available to citizens and they would not have to apply for it.
Page 26 of 77
The Commission hereby directs the Corporation to fulfill its obligations under the RTI Act and
specifically make the following information available by 20 June 2010:
2. Details of Allotment of Commercial Plots (5 and 7 star hotels, commercial
establishments, office spaces, institutions etc) to Private Operators in the last 5
years:
List of applicants for the tenders who had qualified for the technical bid;
Name of the successful applicants (allottees) who had qualified for the tender(s);
Whether any land usage charge was approved for allotting hotel/commercial
plot(s).
Details of the approval for land usage charge along with the names of the
competent authority.
This information should be made available on the website of the NDMC and should be updated
on a monthly basis. I look forward to receiving a Report from your Department on the action
taken in this regard by 25 June 2010. The Report must include:
3.
Measures taken to fulfill disclosure obligations under Section 4 including
making information available on your official website.
4.
Measures put in place to ensure regular updating of the information
uploaded on the website.
A copy of the Report must be sent along with the web-link where the information has been
uploaded on the website to rtimonitoring@gmail.com.
I look forward to your continued cooperation to make sure that the RTI Act is implemented in its
full spirit in your institution.
Shailesh Gandhi
Information Commissioner
12 May 2010
CC:
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1. Chief Secretary
Govt. of National Capital Territory of Delhi
Delhi Sachivalaya, Delhi 110002
2. Principal Secretary
Department of Urban Development
Govt. of National Capital Territory of Delhi
9th & 10th Level, Delhi Secretariat
IP Estate, New Delhi 110002
Not upgraded
57)
2 March 2010
To
Principal Secretary
Department of Urban Development
Government of NCT Of Delhi
9th & 10th level, Delhi Secretariat
I.P. Estate, New Delhi 110 002
Subject: Suo moto disclosure under Section 4 of the RTI Act, 2005
It has come to the Commissions notice that the Department of Urban Development, Govt. of
NCT Delhi has not met its obligations under Section 4, Right to Information Act, 2005 with
regard to the Trans Yamuna Area Development Board (TYADB). Disclosures in accordance with
Section 4, RTI Act are crucial to ensure transparency and accountability in institutions. This
would reduce the load of RTI Application being filed with each institution as information would
be freely available to citizens and they would not have to apply for it.
It appears from the website of Department of Urban Development that certain disclosures have
not been made till date. The Commission hereby directs the Department to fulfill its obligations
under the RTI Act and specifically make the following information available by 31 March 2010:
1.
2.
a.
b.
c.
d.
e.
3.
4.
Full details of the works done by the Executing Agency including work progress
reports submitted to the Department, if any.
5.
Tender specifications of all the Executing Agencies (MCD, DSIDC, Irrigation and
Flood Control Department, PWD, DVB)
6.
Details of complaints received, if any, against any work executed by the Executing
Agency and action taken on these Complaints.
7.
Details of the Public Information Officer and First Appellate Authority - Names,
Addresses, Telephone numbers.
This information should be made available on the website of the Department in the section for
TYADB as well as the Head Quarters of the Department, the offices of the Sub-Divisional
Magistrates of the related Divisions and the Deputy Commissioner (Revenue). This information
should be updated on a weekly basis. I look forward to receiving a Report from your institution
by 7 April 2010. You may send the Report to rtimonitoring@gmail.com. The Report must
include:
5.
Measures taken to fulfill disclosure obligations under Section 4 including
making information available on your official website as well as hard copies of the information
at the offices indicated above.
6.
Measures put in place to ensure regular updating of the information
uploaded on the websites and made available at the offices.
I look forward to your continued cooperation to make sure that the RTI Act is implemented in its
full spirit in your institution.
Shailesh Gandhi
Information Commissioner
2 March 2010
checked
58)
16 March 2010
To
Principal Secretary
Department of Urban Development
Government of NCT Of Delhi
9th & 10th level, Delhi Secretariat
I.P. Estate, New Delhi 110 002
Subject: Suo moto disclosure under Section 4 of the RTI Act, 2005
Page 29 of 77
It has come to the Commissions notice that a considerable amount of information relating to the
Slum & JJ Clusters in Delhi is not available in the public domain and disclosures under Section 4
of the Right to Information Act 2005 have not been made in this regard. As you are probably
aware, disclosures in accordance with Section 4, RTI Act are crucial to ensure transparency and
accountability in institutions. This would reduce the load of RTI Application being filed with
each institution as information would be freely available to citizens and they would not have to
apply for it.
The Commission hereby directs the Department to fulfill its obligations under the RTI Act and
specifically make the following information available by 30 April 2010:
3. Details of all Slum & JJ Clusters Names of clusters along with area/location;
Population residing is these clusters;
Details of house-hold-wise survey conducted
4. Slum relocation scheme Details of plots allotted to different beneficiaries
-Area-wise list
-Beneficiary-wise list
Details of vacant plots
-Area-wise list
5. Important policies relating to
Allotment of plots/flats to slum dwellers and
Transfer of plots/flats allotted to slum dwellers, if any
Eligibility criteria for persons who can apply under different schemes i.e. those
who are the probable beneficiaries, including if any amendment/ relaxation in the
eligibility criteria is allowed by Competent Authority
Action that may be taken against illegal transfer of plots/flats
6. The 1991 list cut-off date of residents of slum dwellers on the basis of survey
conducted in 1991 List on line.
7. List made after the 1998 survey conducted by the Slum Department along with
Food and Civil Supplies Department.
8. Details of plots/flats allotted by the Slum Department which have been sold to
private party. If any survey has been done in this regard- details of the same
9. JNNURM Scheme
Current policy for giving flats/plots to the slum dwellers under the JNNURM
scheme.
Funds allocation under the JNNURMo Details of development works- number of households constructed, underconstruction, allotted
Page 30 of 77
checked
59) CIC/SG/A/2010/000104/6890Adjunct,
Drugs Control Department, 13 May 2010
It has been agreed that the information about all samples of drugs and cosmetics will be
displayed in the given format:
Name
of Name
Drug/Cosmetic &
& Batch No
Address
of the
Shop
Page 31 of 77
The Commission directs the PIO Mr. P. K. Jaggi to upload this information on the website of the
Drug Control Department by the 10th of every following month. The information for the months
of April and May will be updated by 10 June 2010. Information about the date of sample result,
brief gist of the sample report and action taken will be updated once the report of the sample
taken comes out.
Checked
60) CIC/SG/A/2009/000907/3632Adjunct
Drugs Control Department, 13 May 2010
The Commission directs the PIO Mr. P. K. Jaggi to upload the information about the list of
pharmacists working in medical stores in Delhi along with their names and addresses on the
website of the department by the 10th of every month.
Checked
61) CIC/SS/A/2009/000173/SG/8053
Social Welfare Department, 08 June 2010
Appellant : Mr. Rajiv on behalf of Ms. Ranjana;
Respondent: Mrs. Manju Varhney, PIO & District Social Welfare Officer (North West):
The PIO states that the records for which the information has been sought are not
available since they have been weeded out. The PIO states that as per a note made by then
Welfare Officer Mr. K. N. Mishra the papers relating to old age, widow and handicapped
pensions are kept properly. The papers relating to other schemes are kept elsewhere. Once the
audit is over for 2007-08 the papers are kept elsewhere.
This is an amazing statement. The Commission is distressed with the fact that the papers relating
to disbursements of money appear to be kept very haphazardly. Carelessness of this nature is a
sure breeding ground for arbitrariness and corruption. The Commission recommends to the
Secretary Social Welfare under it powers given under Section 25(5) to ensure that information
about people who apply for pensions and various entitlements is displayed on the website in
fulfillment of its obligation under Section-4 of the RTI Act. The Department should putup names
and addresses of the people who apply for pensions/entitlements giving the date of application
and mention how it was disposed and on which date. The Commission expects that this should be
done from June 2010 onwards. The Commission expects a compliance report of this by
30 July 2010.
Decision:
The Appeal is allowed.
The PIO directed to ensure that the information as directed above is
displayed on the website from June 2010 onwards. A compliance report will be
sent to the Commission before 30 July 2010.
Checked
62) Decision No. CIC/SG/A/2010/001284/8237
Appeal No. CIC/SG/A/2010/001284
Mr. R. Prasad
Public Information Officer &
Page 32 of 77
S.E./CLZ
Municipal Corporation of Delhi
16, Rajpur Road, Delhi-54.
ID
no.
Applied on
Status
The PIO is also directed to ensure that this information is displayed on the website of the
authority and is must be updated every month under Section -4 of the RTI Act. This will be
ensured by 15 July 2010 and a compliance report will be sent to the Commission. The PIO is
directed to send the compliance report along with the url address where the information has been
uploaded to the Commission before 20 July 2010. The same may also be emailed to
rtimonitoring@gmail.com. The Report must include:
1.
Page 33 of 77
2.
Measures put in place to ensure regular updating of the information uploaded on the
websites and made available at the offices.
Decision:
The Complaint is allowed.
The PIO is directed to provide the information as directed to the
Complainant before 05 July 2010.
The PIO is directed to ensure that the information as directed above is displayed on
the website of the Public Authority before 15 July 2010.
Has to be checked
Decision:
The Appeal is disposed.
The information has been provided.
The Commission directs the PIO to ensure that the directions for Section-4
compliance are complied before 01 October 2010. The PIO will send the copies of
this to other departments who are involved in regularization of unauthorized
colonies.
Checked
65) CIC/DS/C/2010/900116/SG/8312 dated 28 June 2010
Mr. B. D. Sharma
Public Information Officer & Director
Page 34 of 77
Page 35 of 77
The PIO is also directed to ensure and Section-4 disclosures as directed above are displayed on
the website before 30 August 2010.
The PIO is directed to send the compliance report along with the url address where the
information has been uploaded. The same may also be emailed to rtimonitoring@gmail.com. The
Report must include:
1.
2.
Measures put in place to ensure regular updating of the information uploaded on the
websites and made available at the offices.
checked
66) Decision No. CIC/SG/A/2010/001757/8798
Appeal No. CIC/SG/A/2010/001757
Ministry of Labour and Employment
Shram Shakti Bhawan,
Rafi Marg, New Delhi-110001
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Dinesh Kaushik
Respondent: Absent;
The appellant states that he has been given a CD giving the list of BPL families who had
been issued RSBY Smart Cards to entitle them to get free treatment from certain facilities. He
states that the list of 7000 persons shows that no fathers name and addresses are mentioned in
about 50% of the cases. The Commission notes that this information required to be declared suomoto by public authority under it obligation under Section 4(1) (b) of the RTI Act. The
Commission therefore directs the PIO to ensure that this information is displayed on the website
of the department before 25 August 2010.
Decision:
The Appeal is allowed.
The PIO is directed to ensure that the information as described above is displayed on the
website of the public authority before 25 August 2010.
The PIO is also directed to email the report along with the url address where the information has
been uploaded to rtimonitoring@gmail.com. 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.
Page 36 of 77
Has to be checked
67) Delhi Urban Shelter Improvement Board (Slum & JJ)
5 August 2010
To
The Special Officer
Delhi Urban Shelter Improvement Board
Government of NCT of Delhi
Vikas Kutir, Indrapastha Estate, ITO
New Delhi - 110002
Subject: Suo moto disclosure under Section 4 of the RTI Act, 2005
It has come to the Commissions notice that a considerable amount of information relating to the
Slum & JJ Clusters in Delhi is not available in the public domain and disclosures under Section 4
of the Right to Information Act 2005 have not been made in this regard. As you are probably
aware, disclosures in accordance with Section 4, RTI Act are crucial to ensure transparency and
accountability in institutions. This would reduce the load of RTI Application being filed with
each institution as information would be freely available to citizens and they would not have to
apply for it.
The Additional Secretary (Department of Urban Development, Govt. of NCT of Delhi) has
informed the Commission that Slum & JJ Department (under MCD) has been reconstituted as
Delhi Urban Shelter Improvement Board as an autonomous body under Department of
Urban Development of GNCTD.
The Commission hereby directs the Delhi Slum Development Board to fulfill its obligations
under Section 4 of the RTI Act and specifically make the following information available by 31
August 2010:
12. Details of all Slum & JJ Clusters Names of clusters along with area/location;
Population residing is these clusters;
Details of house-hold-wise survey conducted
13. Slum relocation scheme Details of plots allotted to different beneficiaries
-Area-wise list
-Beneficiary-wise list
Details of vacant plots
-Area-wise list
Page 37 of 77
This information should be made available on the website of the Department. This information
should be updated on a weekly basis. I look forward to receiving a Report from your
Department on the action taken on this report by 5 September 2010. You may send the Report to
rtimonitoring@gmail.com. The Report must include:
9.
Measures taken to fulfill disclosure obligations under Section 4 including
making information available on your official website.
10.
Measures put in place to ensure regular updating of the information
uploaded on the websites.
Page 38 of 77
I look forward to your continued cooperation to make sure that the RTI Act is implemented in its
full spirit in your institution.
Shailesh Gandhi
Information Commissioner
5 August 2010
Checked
5 August 2010
To
The Commissioner,
Transport Department
5/9 Under Hill Road
Delhi - 110054
Subject: Suo moto disclosure under Section 4 of the RTI Act, 2005.
It has come to the Commissions notice that information relating to the new fare structure for the
Autos and Taxis plying in Delhi is not available in the public domain and disclosures under
Section 4 of the Right to Information Act 2005 have not been made in this regard. As you are
probably aware, disclosures in accordance with Section 4, RTI Act are crucial to ensure
transparency and accountability in institutions. This would reduce the load of RTI Applications
being filed with each institution as information would be freely available to citizens and they
would not have to apply for it.
Section 4 (2) of the RTI Act refers to the constant endeavour of every public authority to provide
as much information suo moto to the public at regular intervals through various means of
communications. Similarly, Section 4 (3) of the RTI Act calls upon information to be
disseminated widely and in such form and manner which is easily accessible to the public.
Page 39 of 77
Moreover, Section 4 (4) of the RTI Act also calls upon information to be disseminated while
taking into consideration the cost effectiveness, local language and the most cost effective
method of communication in the local area.
The Commission hereby directs the Department to fulfill its obligations under the RTI Act and
specifically make the following information available on the website of the Department by 20
August 2010:
Detailed Fare Structure (Day and Night respectively) of Autos and Taxis
plying in Delhi.
This information should be made available on the website of the Transport Department as well
as by way of distributing authorized fare calculation charts to the auto rickshaw and taxi drivers
which both the drivers and their passengers can refer to. Fare calculation chart shall show new
corresponding fare for the old fare displayed in the fare meter. Appropriate public notices must
be issued and publicized about the facility of fare calculation charts. Public notices may contain
an approximate time period fixed, if any, for the revision and recalibration of fare meters.
I look forward to receiving a Report from your Department on the action taken in this regard by
25 August 2010.
The report must contain copies of fare calculation charts and the public notices published, and
must be sent along with the web-link where the information has been uploaded on the website to
rtimonitoring@gmail.com.
I look forward to your continued cooperation to ensure that the RTI Act is implemented in its full
spirit in your organization.
Shailesh Gandhi
Information Commissioner
5 August 2010
Page 40 of 77
Checked
6 August 2010
To
The Chairperson
New Delhi Municipal Council (NDMC)
3rd Floor, Palika Kendra, Sansad Marg,
New Delhi - 110102
Subject: Suo moto disclosure under Section 4 of the RTI Act, 2005
It has come to the Commissions notice that a considerable amount of information relating to
appointment of Consultants/NGOs for implementation of Commonwealth Games projects and
other regular development work during the last 5 years in Delhi is not available in the public
domain and disclosures under Section 4 of the Right to Information Act 2005 have not been
made in this regard. As you are probably aware, disclosures in accordance with Section 4, RTI
Act are crucial to ensure transparency and accountability in institutions. This would reduce the
load of RTI Applications being filed with each institution as information would be freely
available to citizens and they would not have to apply for it.
The Commission hereby directs the Council to fulfill its obligations under the RTI Act and
specifically make the following information available by 30 August 2010:
21. Details of Consultants/NGOs engaged/appointed for implementation of
Commonwealth Games Projects and other development work in Delhi in the last 5
years (2005-2010).
Sl.
No
Date of appointment.
Name of the
Consultant/N
GO.
Brief
Description of
scope of work.
Value of
work
allotted.
Page 41 of 77
This information should be made available on the website of NDMC. The information should be
updated on a monthly basis. I look forward to receiving a Report from your Department on the
action taken in this regard by 5 September 2010. The Report must include:
11.
Measures taken to fulfill disclosure obligations under Section 4 including
making information available on your official website.
12.
Measures put in place to ensure regular updating of the information
uploaded on the websites.
A copy of the Report must be sent along with the web-link where the information has been
uploaded on the website to rtimonitoring@gmail.com.
I look forward to your continued cooperation to make sure that the RTI Act is implemented in its
full spirit in your institution.
Shailesh Gandhi
Information Commissioner
6 August 2010
checked
70) CWG Tenders.
6 August 2010
To
Mr. Rakesh Mehta
Chief Secretary
Govt. of National Capital Territory
Delhi Sachivalaya, Delhi 110002
Subject: Suo moto disclosure under Section 4 of the RTI Act, 2005
Dear Mr. Mehta
It has come to the Commissions notice that a lot of information relating to Tenders issued for the
Commonwealth Games and other development work in Delhi in the last 5 years is not available
Page 42 of 77
in the public domain and disclosures under Section 4 of the Right to Information Act 2005 have
not been made in this regard. As you are probably aware, disclosures in accordance with Section
4, RTI Act are crucial to ensure transparency and accountability in institutions. This would
reduce the load of RTI Applications being filed with each institution as information would be
freely available to citizens and they would not have to apply for it.
It appears from the websites of the different departments of the Delhi Government (ex. MCD,
NDMC, Urban Development, PWD, Rural Development, Irrigation and Flood Control, Delhi Jal
Board, DSIIDC etc.) who are responsible for implementing these projects, that certain
disclosures have not been made till date. The Commission hereby directs the Delhi Government
to fulfill its obligations under the RTI Act and specifically make the following information
available by 15 September 2010:
SL
No
Natur
e of
Work
Name
of
success
ful
contrac
tors
Date of Estimated
awarding life of the
the work. completed
project
Total
amount
paid to the
contractor.
This information should be made available on the websites of the concerned Departments. This
information should be updated on a monthly basis. I look forward to receiving a Report from
your institution by 20 September 2010. You may send the Report to rtimonitoring@gmail.com.
The Report must include:
13.
Measures taken to fulfill disclosure obligations under Section 4 including
making information available on your official website.
14.
Measures put in place to ensure regular updating of the information
uploaded on the websites.
I look forward to your continued cooperation to make sure that the RTI Act is implemented in its
full spirit in your institution.
Shailesh Gandhi
Information Commissioner
6 August 2010
Has to be checked
71: Decision No. CIC/SG/C/2010/000386/8977
Complaint No. CIC/SG/C/2010/000386
16August 2010
Page 43 of 77
To,
Divisional Commissioner
Govt. of NCT of Delhi
O/o the Divisional Commissioner (Revenue)
05, Shyam Nath Marg,
Delhi
Complainant: Ms. Ritu Mehra;
Respondent: Absent;
The complainant states that she filed RTI application on 02/02/2010 and has received
information from two PIOs i.e. PIO(Hauz Khas) and PIO(Defence Colony). Some of the PIOs
have given information but some has given information late and also the information has been
provided in different formats. The appellant is seeking information about the issuance of income
certificates to citizens. The records which the appellant has obtained appear to show that there is
great variance in issue of these certificates. Some citizens have obtained there income certificates
in less than 10 days whereas some people seem to have been issued income certificates after over
a year. The rules are that income certificates should be available within 21 days. The
Commission does receive a number of RTI applications where citizens are no being issued their
income certificates. Commission therefore directs the Divisional Commissioner, 5, Shyam Nath
Marg, Delhi to ensure that information about people who apply for income certificates is
displayed on the website of the department for application received for income certificate from
15 September 2010 onwards in the following format:
ID
no.
Applicants
name
Fathers/Husbands
Name
Address
Date
applied on
Certificates
issued/rejected
Date of
issuance/rejection
The Commission is directing this under its powers under Section 25(5) of the RTI Act. This
disclosure is to be done by the department under its obligation under Section 4(1)(b)(xvii) of the
RTI Act. This information will be updated every week. A Compliance report will be sent to the
Commission before
20 September 2010.
Decision:
The Complaint is allowed.
The Commission directs the Divisional Commissioner, 5, Shyam Nath Marg, Delhi to
ensure that information about people who apply for income certificates is displayed on the
website of the department for application received for income certificate from 15 September
2010 onwards in the format as indicated above. A Compliance report will be sent to the
Commission before 20 September 2010.
The PIO is directed to email the report along with the url address where the
information has been uploaded to rtimonitoring@gmail.com. The Report must
include:
1. Measures taken to fulfill disclosure obligations under Section 4 including
making information available on your official website.
Page 44 of 77
3 September 2010
To
The Special Officer
Delhi Urban Shelter Improvement Board
Government of NCT of Delhi
Vikas Kutir, Indrapastha Estate, ITO
New Delhi - 110002
Sub: Meeting with Mr. Shailesh Gandhi, Central Information Commissioner
Ref: Commissions direction dated 05 August 2010.
The Commission had in the above mentioned decision directed you to ensure that the following
information was to be uploaded on the website of the Department in accordance with obligations under
Section 4 of the RTI Act before 31 August 2010:
22. Details of all Slum & JJ Clusters Names of clusters along with area/location;
Population residing is these clusters;
Details of house-hold-wise survey conducted
23. Slum relocation scheme Details of plots allotted to different beneficiaries
-Area-wise list
-Beneficiary-wise list
Details of vacant plots
-Area-wise list
Page 45 of 77
Page 46 of 77
Mr. Shailesh Gandhi, Central Information Commissioner would also like to have a meeting with you on
this matter to discuss issues relating to suo moto disclosure of information under the RTI Act,
particularly the information directed in the Commissions order. This meeting is scheduled to be held at
the Commissions office (at the above mentioned address) on 20 September 2010 at 5.00 p.m. A short
presentation may be made to the Commissioner with regard to measures taken by your department in
compliance of the Commissions order and the organization of the information on the website of the
Department. You may ask other senior officers who are involved in the process of making information
available in the public domain to attend this meeting along with you. Appropriate directions may be
issued by the Commissioner after the meeting.
Dhirendra Kumar
Under Secretary & Deputy Registrar
3 September 2010
Encl: Commissions order dated 05 August 2010.
checked
And
Decision No.CIC/SG/A/2009/003218/6912Adjunct
Appeal No. CIC/SG/A/2009/003218
Adjunct Decision:
Delhi Sikh Gurudwara Management Committee is directed to ensure
compliance of Section-4 of the RTI Act before 30 October 2010.
The PIO is directed to email the report before 30 October 2010 along with the
url address where the information has been uploaded to
rtimonitoring@gmail.com. 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.
Shailesh Gandhi
Information Commissioner
16 September 2010
Information provided to the appellant
Decision:
The Appeal is allowed.
The PIO is directed to provide the following information to the appellant
about Mata Channan Devi Hospital, Janakpuri before 10 October 2010.
The Commission also directs the PIO to ensure that the details of beneficiaries of the
EWS patients in private hospitals is displayed on the website each day in the
following format:
Name of Hospital
Sl. Number Name of patient Fathers/Husbands name Address Bed number
This will be displayed on the website of the public authority every day from 01
October 2010 onwards. This is being ordered in compliance of Section-4 of the RTI
Act. The PIO is also directed to email the report along with the url address where
the information has been uploaded to rtimonitoring@gmail.com. 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.
Shailesh Gandhi
Information Commissioner
17 September 2010
(In any correspondence on this decision, mention the complete decision number.)(BK)
Page 48 of 77
To,
Chief Vigilance Officer
Vigilance Department
Delhi Jab Board
Varulanaya Phase-II,
Jhandewalan, Karol Bagh,
New Delhi The appellant has been trying to highlight the case of Mr. Ram Kumar who
is a Beldar in DJB. The respondent admits that the fifth and sixth pay commission dues of Mr.
Ram Kumar have not been paid since the matter is pending with the Vigilance Department of
DJB. Mr. Ram Kumar is alleged to have continuous unauthorized absence and the matter is being
investigated by the Vigilance Department since five years. It is indeed a very sad comment on the
Vigilance Department which takes five years to give its recommendations on the matter of
unauthorized absence of a Beldar. If a Vigilance Department takes five years to give appropriate
recommendations in a matter of this nature it is doubtful if the department is doing any useful
work at all. Such behaviour of a Vigilance Department leads to no action being taken against any
wrong doing. The Commission under its powers under Section 19(8)(a) of the RTI Act directs the
Vigilance Department to put up information about cases lying with it in the following format on
the website of he Department.
Sl. Name of Person
Post
against
vigilance person
inquiry
is being conducted.
of Date
of
inquiry
starting Date
of
inquiry
finishing
The Vigilance Department is directed to ensure that this is done before 30 November 2010.
The PIO Vigilance Department is directed to send the report along with the url address where the
information has been uploaded. The same may also be emailed to rtimonitoring@gmail.com.
This information must be updated every month before 10th of the following month.
Decision:
The Appeal is disposed.
The Chief Vigilance Officer is directed to send a compliance report in
compliance of the direction given above to the Commission before 05 December
2010.
Complied.
75
CIC/SG/A/2010/002488/9851
Mr. A. K. Gund
Public Information Officer & Assistant PF Commissioner
Employees Provident Fund Organisation
Regional Office, Delhi (North) Bhavishya
Nidhi Bhawan, Plot No. 28, Wazirpur Industrial Area,
Page 49 of 77
Delhi 110052
The appellant has sought information about the amount in his PF account since he is not getting
the account slips. The respondent has given the information to the appellant upto the year 200607 and states that the information about the subsequent year is not available since the returns are
not being filed by the employer. The PF Department has been given very wide powers by the
Parliament to safeguard the interest the employees but it is apparent that the PF Department is
not acting in the interest of the employees. This is a very serious matter since employees savings
are linked to this and they have no means of knowing whether their savings are actually being
deposited with the PF Department or they have been defrauded. The Commission under its
powers under Section 19(8)(a) directs the PF Commissioner to ensure that the information about
all establishments who have not submitted their 3A and 6A annual return by 30 May of the
following year is putup on the website of the Department.
Decision:
The Appeal is allowed.
The available information has been provided to the appellant.
The PF Commissioner is directed to putup the information about defaulting
establishments on the website of the Department before 30 November 2010. The
PIO is directed to send the compliance report along with the url address where the
information has been uploaded. The same may also be emailed to
rtimonitoring@gmail.com.
Checked
76:
Commissioner
Food and Supplied Department (Head Quarter)
K-Block, Vikas Bhawan,
New Delhi
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Ram Rekha Prasad Gupta;
Respondent : Mr. Anand Parkash Kardam, Deemed PIO & FSO(C-52);
The appellant has been given a BPL Card since January 2010 but is not being given any
rations so far. Through his queries he has been seeking to understand why he is not getting his
rations. The respondent states that there is no allocation of ration for him. The appellant also
states that many others are not getting their rations and almost all of them are not getting
kerosene against their BPL Ration Card. The respondents claim that the allocation for many BPL
Card holders are not being done by the Head Quarter. The Commission orders the Commissioner,
Page 50 of 77
Food and Supplies Department to inform the appellant reasons why some people are being
allocated rations and the appellant is not being allocated any rations. The Commission is
horrified at the fact that people who are promised rations by being given BPL Ration cards are
not being supplied food grains and kerosene for months. This makes a complete mockery of the
Governments scheme of enlarging the number of people who would be entitled to get food
grains.
The Commission under its powers under Section 19(8)(a) of the RTI Act directs the
Commissioner food and supplied department to display on its website names of persons who
have been given BPL Cards but are not entitled to received supplies of food grains and kerosene
alongwith the reasons. This has to be done in fulfillment of the obligation under Secton-4 and the
Commission will be informed about compliance of this before 30 November 2010.
Decision:
The Appeal is allowed.
The Commissioner, Food and Supplied Department will inform the appellant
and the Commission the reasons why some people are being allocated rations and
the appellant is not being allocated any rations before 15 November 2010.
The Commissioner, Food and Supplied Department is also directed to display on its website the
names of persons who have been given BPL Cards but are not entitled to received supplies of
food grains and kerosene alongwith the reasons. This has to be done in fulfillment of the
obligation under Secton-4 and the Commission will be informed about compliance of this before
30 November 2010. Commissioner, Food & Supplied will also email the report along with the url
address where the information has been uploaded to rtimonitoring@gmail.com.
77:
Decision:
The Third Party Mr. M. C. Yadavs Appeal is dismissed.
Page 51 of 77
The PIO is directed to provide the information available on the records to the
applicant Mr. Ram Kumar Gupta before 15 November 2010. In case some of the
information sought is not available this should be stated.
The Commission under its powers under Section 19(8)(a) directs the PIO of DJB to
display the information about the assets of all its employees which is available on
records on the website of the public authority in fulfillment of the Public
Authoritys obligation under Section-4 of the RTI Act. The PIO is directed to
implement this and inform the Commission before 15 December 2010. The PIO is
directed to email the report along with the url address where the information has
been uploaded to rtimonitoring@gmail.com.
78-
Respondent
The Commission directs that the information sought by the appellant should actually be
available suo-moto under Section-4 of the RTI Act. The Commission therefore under its
powers under Section 19(8)(a) directs the PIO to ensure that this information is displayed
on the website of the Public Authority before 15 December 2010. This should be complied
with and updated once every month. A compliance report will be sent to the Commission by
28/12/2010.
Decision:
The Appeal is disposed.
The information has been supplied.
The PIO is directed to email the compliance report along with the url address as
directed under Section 19 (8) (a) where the information has been uploaded to
rtimonitoring@gmail.com. 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.
Page 52 of 77
Adjunct Decision
The Commission directs the PIO to provide the list of the pending 150
eviction cases to the Appellant before 10 December 2010.
Page 53 of 77
The Commission under its powers under Section 25(5) of the RTI Act recommends
to the Principal Secretary, PWD to ensure that the records of flats are maintained
properly as soon as possible but no later than 31 March 2011. By the description
of state of records it appears that the Public Authority has shown gross
incompetence in handling real estate of very great value.
The Commission under it powers under Section 19(8)(a) directs that the
Principal Secretary, PWD shall putup the list of occupiers of all Government flats
on its website by 31 March 2011 and updated regular intervals. This will be done
in discharge of the Public Authoritys responsibility under Section-4 of the RTI
Act.
Checked
80 -
Mr. R. Prasad
Public Information Officer & SE
Municipal Corporation of Delhi
O/o SE, Civil Lines Zone,
16, Rajpur Road, Delhi-110054.
The Commission under its powers under Section 25(5) and Section 19(8)(a) of the RTI Act
recommends to the Municipal Commissioner of Delhi to ensure that all wards and offices
maintain separate registers to record the complaints about encroachments on public lands from
01 January 2011. The Commission also directs that this information must be put-up wards-wise
on the website of the Corporation each month from February 2011 onwards. A compliance
report be sent through email along with the url address where the information has been uploaded
to rtimonitoring@gmail.com.
CC of this order was sent to:
Municipal Commissioner
MCD
Town Hall, Chandni Chowk,
Delhi 11006
Page 54 of 77
The Commission under its powers under Section 25(5) and Section 19(8)(a) of the RTI
Act recommends to the Municipal Commissioner of Delhi to ensure that all wards and offices
maintain separate registers to record the complaints about encroachments on public lands from
01 January 2011. The Commission also directs that this information must be put-up wards-wise
on the website of the Corporation each month from February 2011 onwards.
The Appellant has sought information whether this information has been putup on the website.
The respondent states that he is unaware of this. The Commission directs the PIO to ensure that
this information is putup on the website immediately. The Appellant has been made to use RTI
and unnecessarily file first and second appeals for information which should have been available
to him suo-moto as per Section-4 of the RTI Act. The Commission under its powers under
Section-19(8)(b) of the RTI Act awards the compensation of Rs.1000/- to the Appellant for the
loss and detriment suffered by him in not been able to obtain the information and filing the first
and second appeal.
Decision:
The Appeal is allowed.
The PIO is directed to ensure that the information as per order of the
Commission is displayed on the website of the MCD before 10 May 2011 and a
compliance report sent to the Appellant and the Commission before 20 June 2011.
The PIO is also directed to ensure that a cheque of Rs.1000/- as compensation is
sent to the Appellant before 30 July 2011.
Respondent
(1)
The Commissioner,
Municipal Corporation of Delhi,
Town Hall, Chandni Chowk,
Delhi 110 006
(2)
Page 55 of 77
Decision:
The Complaint is allowed.
The Commission considers this as a bona fide request and observes that this information is a
basic requirement under the act and that the departments ought to have done this earlier.
However, that is not the case.
In view of the aforesaid and from the facts before it, the Commission under the powers
vested in it by section 19 (8) (a) of the RTI act, hereby directs the following:1. The departments shall put up the list of night shelters, their locations and facilities
available on their website.
2. A sign board of appropriate dimension shall be installed at each night shelter
containing the details about the facilities available and timings of each night shelter.
The board shall also contain the names and contact details of supervisory officials
who can be contacted for grievance redressal. No acronym/abbreviation should be
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used. This information shall be inscribed both in Hindi and English and shall be
installed at a location having maximum public view. This will be maintained by the
head of the public authority as the case may be, or the officer(s) so directed by them
in writing, so long as the RTI act is in force. This should be done by the 15 th of
December 2010.
Principal Secretary (Revenue),GNCTD; Principal Secretary (Urban Development),
GNCTD; and The Commissioner, MCD shall send a consolidated report of compliance of the
above directions to this Commission by 20th December 2010. The report may be sent to
rtimonitoring@gmail.com, with a copy to the complainant.
Checked
82Decision No. CIC/SG/A/2010/002882/10314
Appeal No. CIC/SG/A/2010/002882
06 December 2010
Mr. S. Malhotra
Public Information Officer & Dy. Director Education (W-B)
Directorate of Education, GNCT of Delhi
Office of the Education Officer Zone-18,
Distt West-B, G-Block Vikas Puri, Delhi
2.
Complied.
83-
09 December 2010
Public Information Officer & Deputy Secretary,
Land & Building Department, GNCTD,
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Decision:
The Appeal is allowed.
The Commission under its powers under Section 19(8)(a) of the RTI Act
directs the Secretary (Alternate) Land & Building Department to provide the
seniority lists of persons whose land has been acquired in Delhi and also lists of
persons to whom recommendations for alternative plots has been made as per the
order of the Delhi High Court on the website before 15 January 2011 of the
Department in fulfillment of its obligation under Section-4 of the RTI Act.
A compliance report along with the url address where the information has been
uploaded to will be sent to the Commission on rtimonitoring@gmail.com and the
Appellant before 15 January 2010. The Report must include:
1.
2.
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Checked
84- Decision No. CIC/SG/A/2010/002530/9900Adjunct
Appeal No. CIC/SG/A/2010/002530
10 December 2010
Divisional Commissioner
Revenue
Govt. of NCT of Delhi
5, Shyam Nath Marg,
New Delhi
The Commission realizes that citizens appear to be having a problem in getting their NOCs for
sale of land. There are also a number of complaints made by citizens that bribes are demanded
from them when they try and obtain an NOC. In view of this the Commission in exercise of its
powers under Section 19(8)(a) directs the Divisional Commissioner (Revenue) Mr. D. M.
Sapolia to ensure that the informant about applications received for NOCs and its further
processing is displayed on its website in the following format from 15 January 2011:
Receipt
no.
Date of
receipt
Name of person
applying for
NOC
Details of
property
Date on which
NOC transferred
to LAs office
Date on
which NOC
issued
Adjunct Decision:
The above information will be put up on the website of the Public Authority from
15 January 2011 onwards and updated every day. This order will be complied with
in fulfillment of the requirement of Section 4(1) of the RTI Act. A compliance
report along with the url address where the information has been uploaded will be
sent to the Commission to rtimonitoring@gmail.com.
Complied but not updated regularly.
85:
Decision:
The Complaint is allowed.
All the PIO as are directed to ensure that the details of allotment of Gramsabha
Land are putup on the website of the Department under Section-04 of the RTI Act
before 30 January 2011. A compliance report along with the url address where the
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Decision:
The Appeal is allowed.
The Commission therefore directs the PIO to ensure that the information
after due translation is provided to the Appellant before 15 January 2011.
Not Complied
87- Decision No. CIC/SG/A/2010/003183/10742
Appeal No. CIC/SG/A/2010/003183
Page 60 of 77
03 January 2011
Appellant
Respondent (1)
Decision:
The Appeal is allowed.
The PIO is directed to give the information with respect to queries 04, 06, 07
& 10 on a CD to the Appellant before 15 January 2011.
The PIO is also directed to ensure that information with regards to query-11 as
directed above is putup on the website of the Department before 30 January 2011.
The PIO is directed to send a compliance report along with the url address where
the information has been uploaded to rtimonitoring@gmail.com.
SERVICES UNAVAILABLE
Decision No. CIC/SG/A/2010/003116/11108
Appeal No. CIC/SG/A/2010/003116
24 January 2011
Relevant Facts emerging from the Appeal
Appellant
Respondent
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Decision:
The Appeal is allowed.
The PIO is directed to provide the information to the Appellant about the problem
which has been caused by the flaw in the computer program and steps being taken
to correct this before 05 February 2011. The PIO is also directed to display this
information on the website of the Department as well as on boards at all the offices
of the FSOs. This information will be displayed before 05 February 2011.
Respondent
Decision:
The Appeal is disposed.
The Principal Secretary Land and Building Department is directed to putup
whatever data is available on the allotment of alternate plots to citizens whose
lands have been forcibly acquired by the Government on the website before 01
May 2011. He will send a compliance report to the Commission before 01 May
2011.
Decision No. CIC/SG/C/2010/001340/11397
Complaint No. CIC/SG/C/2010/001340
10 February 2011
Respondent
Mr. H. R. Sharma
Public Information Officer & Dy. Secretary - I
Department of Health and Family Welfare
Govt. of NCT of Delhi
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Decision:
The Complain is allowed.
The PIO is directed to provide the complete information to the Complainant
before
25 February 2011.
The Deemed PIO Mr. L. S. Rana, Pharmacist, Health Department is directed to
ensure that the information as directed above are displayed on the website of the
Department under its fulfillment of Section-4 requirement for all PPP Agreements
executed after 01 January 2009 before 28 February 2011. All Subsequent PPP
Agreements will also be displayed on the website. He is directed to email the
compliance report along with the url address where the information has been
uploaded to rtimonitoring@gmail.com. The Report must include:
1.
2.
ANP NOTE
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With regards,
L. S. Rana
Deemed PIO
H&FW Department, GNCTD
Respondent
Decision:
The appeal is allowed.
The information has been provided.
The PIO is directed to ensure that minutes of the meetings of the Medical Council
are displayed on the website of the Department before 05 April 2011. The PIO is
directed send a compliance report to the Commission before 10 April 2011 along
with the url address where the information has been uploaded to
rtimonitoring@gmail.com.
Updated.
Hyperlink:http://www.delhimedicalcouncil.nic.in/council-meeting.html
Mr. M. P. Srivastava
Urmila Bhavan, Road No. 14A,
East Ashok Nagar, Kankarbagh,
Patna 20.
Respondent
Page 66 of 77
The information sought by the Appellant would be available at 120 different offices of the
organizations. The PIO has transferred the RTI application to the 120 office some which have
sent the information to the Appellant. The Appellant has identified that if MIS 110 & 111 for the
quarter ending March 2009 provided by the PIO it would meet the information need that he has.
Discussion with the Appellant,- who is a former Enforcement Officer,- seems to indicate that if
this information were to be put-up every year at the end of March it would be useful for all the
citizens to be able to verify and understand the performance of EPFO. Hence the Commission
under it powers under Section 19(8)(a) of the RTI Act directs the PIO to ensure that the
information obtained in NIS-110 & 111 is displayed on the website for the period January to
March 2010 and updated each year before 30 May of the subsequent year. This is a requirement
being specified by the Commission under Section-4(1)(b)(xvii)
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the
Appellant before 05 April 2011.
The PIO is also directed to ensure that that the information obtained in NIS-110 &
111 is displayed on the website for the period January to March 2010 and updated
each year before 30 May of the subsequent year. This is a requirement being
specified by the Commission under Section-4(1)(b)(xvii). The PIO is directed to
send a compliance report along with the url address where the information has
been uploaded to rtimonitoring@gmail.com.
HYPERLINK: http://59.177.81.198/new_dashboard/settlement_claim_stat.php
Decision No. CIC/SG/A/2011/00316/11879
Appeal No. CIC/SG/A/2011/000316
Department of Women and Child Development,
Decision dated: 06 April 2011
It appears that people who apply under Ladli Scheme do not get to know whether their
application has been accepted or not. Such conditions given rise to mistrust in the Government
and also create a futile ground for corruption. The Commission under its powers under Section19(8)(a) of the RTI Act directs the PIO to ensure that information of all applicants under the
Ladli Scheme who apply under the scheme is putup on the website giving the date, name and
address of the applicant. This should also show when an application is sanctioned. In case it is
rejected this also be displayed on the website in the following format.
Date
of Application Name Address Date
application number
sanctioned
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All applications which have been made from 01 January 2011 onwards will be displayed. The
table will be updated every 15 days and information will also be displayed giving the rules and
procedures for applying for the Ladli Scheme. If time frames in which applications would be
process or rejected should also be stated on the website. The PIO will ensure compliance of this
order before 30 April 2011.
Decision:
The Appeal is disposed.
The information has been provided.
The PIO is directed to ensure that the records as directed above are displayed on
the website of the department before 30 April 2011. The PIO is directed to send a
compliance report to the Commissions along with the url address where the
information has been uploaded to rtimonitoring@gmail.com.
Compliance received via email dated 13/05/2011 by Director, WCTD
IMPORTANT
Decision No. CIC/SG/C/2009/001220/11884
Complaint No. CIC/SG/C/2009/001220
Decided on 06 April 2011
Complainant
:
Ms. Gita Dewan Verma,
1356. D-1, Vasat Kunj,
New Delhi.
In the journey of trying to get information about this committee a tremendous amount time and
public resources have been wasted and yet the Commission does not feel that satisfactory
information has been provided to the Complainant. In view of this experience the Commission
feels that some systematic approach needs to be developed to ensure that the information about
the formation, deliberations and action taken by such committees is available to the citizens. The
Complainant has produced before the Commission the announcement of yet another High
Level Committee to prepare a blue print to make Delhi slum free. The Complainant and other
citizens want to get information about this committee and various committees formed by the
government. The Commission under its powers under Section-19(8)(a) of the RTI Act directs the
Chief Secretary of Govt. of NCT of Delhi to ensure that whenever any committee is formed
information about the committee and its constitution is putup on the website of the
Administrative Reforms Department of GNCTD as required under Section-4(1)(b)(viii) of the
RTI Act. The Government must also ensure that with the formation of any committee it is
declared as to the PIO who is responsible for providing the information about the deliberations
and actions/decisions taken by the committees. The Chief Secretary should issue appropriate
orders to Principal Secretary (Administrative Reforms) and send a copy of such order to the
Complainant and the Commission. All Committees formed from 01 April 2011 should be listed
with the rules, regulation, constitution and members of the Committee with the details of the PIO
responsible for providing the information of the Committee. The Chief Secretary will send a
copy of the administrative order to the Complainant and the Commission before 30 May 2011.
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Decision:
The complaint is allowed.
The PIO, DSIIDC is directed to provide the information on query-1 as directed
above to the Complainant before 10 May 2011.
The Commission also directs PIO office of the Secretary to Minister (SC/ST/REV)
to provide the information on query-2 as directed above to the Complainant 10
May
2011.
Drafted Non Compliance letter.
Decision:
The appeal is allowed.
The Commission under Section 19(8)(a) of the RTI Act directs the PIO to
ensure that reasons for the decision to deny BPL Cards for the people living in
Jhuggies must be displayed on the website and also sent to the Appellant and the
Commission before
30 June 2011.
The PIO is directed to send a compliance report along with the web url address
where the information has been uploaded to the Commission before 30 June 2011.
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Not Complied.
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==========================================
Decision No. CIC/SG/A/2011/001040/12974
Decision No. CIC/SG/A/2011/001050/12975
CIC/SG/A/2011/001050/12976
Decision No. CIC/SG/A/2011/001053/12977
Decision No. CIC/SG/A/2011/001062/12978
Decision No. CIC/SG/A/2011/001067/12979
Same decision is given in same decision no.s
On 20 June 2011
Decision:
The Appeal is allowed.
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Decision:
The Appeal is allowed.
The Commission directs the Divisional Commissioner to ensure that the
information as directed above is displayed on the website of the department and is
also kept in hard copy by all revenue offices before 20 July 2011. This order is
being given by the Commission under its powers under Section 19(8)(a) of the RTI
Act. This is a requirement of Section 4(1) (b) (xvii) of the RTI Act. The Divisional
Commissioner will inform the Appellant and the Commission about compliance of
this order giving the weblink of the website where the information is uploaded
before 30 July 2011.
Decision No. CIC/SG/A/2011/001128/13081
Appeal No. CIC/SG/A/2011/001128
Decision dated 25 June 2011
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Harpal Singh Rana on telephone through mobile no. 9136235051;
Respondent (1): Mrs. Nirmala Rani, Deemed PIO & FSO(C-16);
Respondent (2): Mr. Ajay Arora, Public Information Officer & AC, Gulabi Bagh;
Page 72 of 77
The Appellant had mainly sought information regarding the implementation of the
service level agreement which was announced in 2010 with great fanfare. The main component
in this promise made by Delhi Government was that citizens would get a ration card in 45 days
failing which the responsible officer would be penalized Rs.10/- per day. The appellant was
seeking to know if the government had implemented this promise or had made a false promise.
The respondent states that in North Zone no penalty had been imposed as a consequence of this.
The Commission asked the respondent whether it meant that all applicants had got their ration
cards within 45 days. The respondent admits there are applicants whose ration cards are not
made in 45 days but no penalties have been imposed. The appellant told the Commission that he
was keen on reminding Delhi Government that if it makes such promise to citizens it must learn
to abide by this. If the government makes false promises this is a serious default and citizens
could not have any faith in governments.
The Commission under its powers under Section 19(8)(a) of the RTI Act directs the PIOs of All
Zone to ensure that the following information should be displayed on the website of the Food
and Supplies Department every month:
Month and Year Number of Cards not
Number of penalties levied.
Prepared within 45 days.
This list must be displayed for the period starting June 2011 onwards and must be updated each
month before the 15th day of the following month. PIOs of all zones will send the compliance
report to the Commission before 15 July 2011.
Decision:
The Appeal is allowed.
The PIOs of all zones are directed to display information on the website as
mentioned above before 15 July 2011 and keep them updated. They will send a
compliance report to the Appellant and the Commission before 15 July 2011.
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
25 June 2011
(In any correspondence on this decision, mention the complete decision number.)
Page 73 of 77
Decision:
The Appeal is allowed.
The Commission recommends that the Secretary Revenue to take
appropriate steps to ensure that the records are properly indexed, cataloged and
digitized.
Decision No. CIC/SG/A/2011/001202/13146
Appeal No. CIC/SG/A/2011/001202
28 June 2011
Director-in-Chief,
Municipal Corporation of Delhi,
Ambedkar Stadium,
New Delhi
The PIO states that he received the RTI application only on 11/04/2011 and has sent the complete
information to the Appellant. Number of citizens want to know the name of safai karmachari and
names and phone numbers of the supervisory staff, so that they can know whom to contact for
Page 74 of 77
the cleanliness of the area. The Commission under its powers under Section 19(8)(a) of the RTI
directs the PIO to ensure that the names of the safai karmarcharies and supervisory staffs (with
phone numbers) should be displayed on the website giving the area for which they are
responsible.
The Commission also directs the Director-in-Chief, MCD, Ambedkar Stadium, New Delhi to
ensure that this information is made available for all the zones on the website of MCD.
Decision:
The Appeal is disposed.
The Commission directs the Director-in-Chief to ensure that the names of
the safai karmarcharies and supervisory staffs (with phone numbers) are displayed
on the website of MCD giving the area for which they are responsible before 20
July 2011. This should be updated every month before the 10 th day of the following
month.
Director-in-Chief will send a compliance report along with the url address where
the information has been uploaded to rtimonitoring@gmail.com to the Commission
and the Appellant before 30 July 2011. The Director-in-Chief will also provide the
list of officers (alongwith their email IDs) responsible for updating the website
itself.
The icon is present on the website but does not open.
Although, the information has been sent to the Central Information Commission.
Decision No. CIC/SG/A/2011/001225/13156
Appeal No. CIC/SG/A/2011/001225
29 June 2011
Mr. B. S. Jaglan
PIO & ADM (SW)
Revenue Department, GNCTD
Old Terminal Tax Building,
Kapashera, New Delhi - 110037
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Rambir Singh;
Respondent: Mr. B. S. Jaglan, PIO & ADM (SW);
The Appellant has basically sought information regarding implementation of Section-4.
The PIO has given slightly vague replies because there does not appear to be a systematic effort
to ensure that Section 4 is complied with. The Commission after discussing with the appellant
and the respondent is now giving directions to the PIO to ensure that the following information
regarding the public authority is displayed on the website of the department:
Page 75 of 77
12-
Information every month on the number defaults in meeting the SLA (Service Level
Agreements) and amount of penalty recovered form officers for default.
Orders passed under Section 81 of Delhi Land Reform Act 1954.
The order is being given by the Commission under its powers under Section 19(8)(a) of the RTI
Act. This is a requirement of Section 4 of the RTI Act. It would ensured that both the above
information is updated every month before the 10th of the following month.
Decision:
The Appeal is allowed.
The PIO is directed to ensure that information as directed above is displayed
on the website and updated as per the directions. This order will be complied with
before 20 July 2011 for the month of June 2011 and shall be updated in subsequent
months.
The PIO is also directed to send a compliance report along with the url address
(web address) where the information has been uploaded to the Appellant and the
Commission before 25 July 2011.
Decision No. CIC/SG/A/2011/001714/13922
Appeal No. CIC/SG/A/2011/001714
08 August 2011
To,
The Municipal Commissioner
Municipal Corporation of Delhi
04th Floor, Dr. SPM Civic Center,
New Delhi
The Appellant has sought information whether any specific actions have been taken by MCD
with respect to implementation of MPD 2021. The respondent has stated that various agencies in MCD
are expected to take actions and the plan has come into force in 2007 and is expected to be implemented
by 2021.The PIO has also transferred the RTI application to various departments. However, it is not
unreasonable that a citizen would expect that MCD track the work in progress atleast annually to ensure
that all the work necessary is finished by 2021. The Commission therefore directs the PIO to seek
assistance of the other officers under Section 5(4) of the RTI Act and provide the information about the
action taken so far on the various provisions of MPD as sought by the Appellant.
Since this is the matter of great importance the Commission directs the MCD Commissioner to
put these up on the website of the corporation and update these every six month so that citizens
can be aware of the actions being taken to fulfill the objectives of MPD 2021. This would be
done initially before 31 September 2011 and then updated atleast once in six month.
Decision:
The Appeal is allowed.
Page 76 of 77
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