Friday, June 3, 2011

Re: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED

Dear Mahesh Ji,
Please file a writ in the high court. I am ready to bear a part of
expenses. the judgement in your case will affect thousands of other
cases in the commission where similar judgements are being made.
sandeep

On 6/3/11, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
> U R Right, Dear Sandeep.  This case belongs to a social activist Mr. Mahesh
> Tak who is working for adequate water for Dwarka sub-city for the last about
> 10 years.  He sought some information on water from the DDA  He is office
> bearer of sector 10, DDA Pocket, Dwarka and also running an orgn. named
> Prayas. .
>
> --- On Fri, 3/6/11, sandeep kumar <drsandgupta@gmail.com> wrote:
>
>
> From: sandeep kumar <drsandgupta@gmail.com>
> Subject: Re: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA
> EVEN THEN BOTH HAVE NOT RESPONDED
> To: humjanenge@googlegroups.com
> Date: Friday, 3 June, 2011, 9:38 AM
>
>
> in my opinion u should file a writ in the high court against the
> order. The cic is duty bound to take action on the complaint.
>
> On 6/2/11, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
>>
>> In a case wherein neither the CPIO nor the FAA of DDA has given any reply
>> to
>> the complainant, the decision of Mrs. Deepak Sandhu, Hon'bvle CIC has been
>> given below.
>>
>> This decision has by and large, exornated the CPIO from any penaly or
>> disciplanary action.  FAA has also got almost scot-free.
>>
>> In the face of such decisions, Public Authorities will hardly take the RTI
>> Act seriously and will give information after an applicant/ complainant
>> reaches the CIC.
>>
>> CENTRAL INFORMATION COMMISSION
>> Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
>> Bhikaji Cama Place, New Delhi-110066.
>> Telefax:011-26180532 & 011-26107254
>> Website : cic.gov.in
>> Date : April 13, 2011
>> Complaint No. : CIC/DS/C/2011/000219
>> Complainant : Shri Mahesh Tak, Dwarka (New Delhi).
>> Public Authority : Delhi Development Authority, New Delhi.
>> ORDER
>> The Commission has received a complaint petition, dated 23/06/2010 (Diary
>> No.:43128/2010) from Shri Mahesh Tak, in respect of his/her
>> RTI-application
>> on
>> 04/03/2010 filed with the CPIO, Office of the Superintending Engineer
>> (H.Q.), Delhi
>> Development Authority, Manglapuri, New Delhi-110045 (A Copy of RTI
>> application is
>> enclosed). Thereafter, the petitioner filed 1st Appeal before the First
>> Appellate Authority of
>> Public Authority. From the perusal of documents on record, it is seen that
>> the same has not
>> been adjudicated upon by the First Appellate Authority.
>> 2. In order to avoid multiple proceedings under section 19 and 18 of the
>> RTI
>> Act, viz,
>> appeals and complaints, the matter is remitted to the CPIO with the
>> following
>> directions:
>> i. In case, no reply has been given by CPIO to the complainant to his/her
>> RTI request,
>> the CPIO should furnish a reply to the complainant within two weeks of
>> receipt of
>> this order.
>> ii. In case CPIO has already given reply to the complainant in the matter,
>> he/she
>> should furnish a copy of his/her reply to the complainant within one week
>> of
>> receipt
>> of this order.
>> iii. CPIO should invariably indicate to the complainant the name and
>> address
>> of
>> the 1st Appellate Authority, before whom the complainant can file first
>> appeal, if any.
>> Page
>> 1
>> iv. A copy of CPIO's reply will be endorsed to the Commission clearly
>> indicating
>> the case number and reason for delay, if any, in providing information.
>> 3. In case the complainant is not satisfied with the reply received from
>> the
>> CPIO, he/she,
>> under section 19(i) of the RTI Act, may file first-appeal before the FAA
>> within the
>> time prescribed under the RTI Act.
>> 4. On receipt of the first appeal from the petitioner as per the above
>> directions, FAA
>> should dispose of the appeal within the period stipulated in the RTI Act.
>> 5. In case complainant still feels aggrieved by the decision of FAA,
>> he/she
>> shall be free
>> to approach the Commission in second appeal under section 19(3), along
>> with
>> complaint u/s 18, if any, within the prescribed time limit.
>> (Smt. Deepak Sandhu)
>> Information Commissioner (DS)
>> Authenticated true copy:
>> (T. K. Mohapatra)
>> U.S. & Dy. Registrar
>> Tele. No. : 011-26105027
>> tk.mohapatra@nic.in
>> Copy to :-
>> 1. Shri Mahesh Tak
>> 58 C, Pocket – 1,
>> Sector – 10, Dwarka,
>> New Delhi-110075.
>> Contact No. : 98104 09087.
>> 2. Central Public Information Officer
>> Office of the Superintending Engineer (H.Q.),
>> Delhi Development Authority,
>> Page
>> 2
>> Manglapuri,
>> New Delhi-110045.
>> -:-
>> Page
>> 3
>
>
> --
> Dr. Sandeep Kumar Gupta
> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
> Phone: 91-99929-31181
>


--
Dr. Sandeep Kumar Gupta
989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
Phone: 91-99929-31181

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