Friday, June 3, 2011

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

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

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