CIC directs Transport Deptt. Delhi to upload agreement with cluster companies on website, issue show cause notice to PIO, order to give agreement copy to the appellant free of cost.
Mahendra Kumar Gupta
CIC directs Transport Deptt. Delhi to upload agreement with cluster companies on website, issue show cause notice to PIO, order to give agreement copy to the appellant free of cost.
The Central Information Commission has ordered the Transport Deptt. Delhi to upload the agreement with private companies for running the cluster buses in Delhi. It has also issued show cause notice to the PIO asking to explain, within 3 weeks why the penalty cannot be imposed on him for not being present in the hearing. The Commission has also ordered to supply the copy of the agreement to the appellant free of cost within 15 days of the delivery of the order. In this case, M.K. Gupta requested to provide copy of the agreement with the company running cluster services and other information on 24 points in the RTI application. Information pertaining to DTC on the remaining 23 points was provided but this was the only information which pertained to the Delhi Transport Department which was not provided and the applicant has to approach the CIC.
Link to decision: http://www.rti.india.gov.in/cic_decisions/CIC_SA_A_2014_000172_M_141338.pdf
COPY OF THE ORDER:
CIC DIRECTS UPLOADING OF AGREEMENTS WITH CLUSTER SERVICES ON WEBSITE, ISSUE SHOW CAUSE NOTICE TO THE CPIO ASKING TO EXPLAIN within 3 weeks WHY PENALTY CANNOT NOT BE IMPOSED ON HIM FOR NOT BEING PRESENT In the hearing. CIC has also ordered to give copy
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/SA/A/2014/000172
Appellant : Mr. M. K. Gupta
Respondent : Department of Transport, GNCTD, Delhi
Date of hearing : 17102014
Date of decision : 22102014
Information Commissioner : Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the RTI Act
Result : Appeal allowed/Disposed of
The appellant is present. The Public Authority is represented by Mr. Anil Kumar
Gulati, AS(STA), Department of Transport, GNCTD, Delhi.
FACTS:
2. The appellant through his RTI application dated 04012013 has sought information on 24
Points Viz i) No. of DTC buses having the GPS System, ii) No. of DTC buses in which this
system is in working condition, iii) For the rally at Ramlila Grounf on 04112012, inform the name of the party or person who hired the DTC buses iv)No. of buses who have passengers
information system (PIS).... X) Name of the Companies who have been running the Cluster
System etc. PIO replied on 13022013 which is not available on the file. Being unsatisfied
with the reply of the PIO with respect to Point No. 11 & 20, the appellant approached the First
Appellate Authority. FAA by his Order dated 04042013 directed the PIO to provide the Copy
of the agreement. In Complaince of FAA Order, PIO responded on 07062013 whereby they
asked the appellant to deposit fees.
3. Appellant thereafter has approached the Commission in second appeal praying for
direction to provide copy of the agreement from the respondent authority.
Decision:
4. Both the parties made their submissions. The Commisison observes that the information
sought by the appellant is to be available on the Public domain of the official website itself,
without the appellant moving the RTI application for the same. The appellant having moved
the RTI application for the same, the respondent/PIO has committed a delay on the plea of
depositing of the required costs by the appellant. The Commission, therefore, directs the
respondent/PIO to supply the desired copy of the agreement to the appellant free of costs
within 15 days from the date of receipt of this order. The Commission also directs the
respondent/PIO to show cause why penalty cannot be imposed on him for not being present
in the hearing and deputing another officer, without formal authorisation letter, who is not
conversant with the case. His explanation should reach the Commission within 3 weeks from
the date of receipt of this order.
5. The Commission orders accordingly.
(M. Sridhar Acharyulu)
Information Commissioner
Authenticated true copy
(Babu Lal)
Deputy Registrar
Arun Banerjee
Great job. Gupta ji
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