Case: Bheesham Sharma, Ex-Member Legislative Assembly Vs Mr. Jai Prakash, Public Information Officer and Dy. Director New Delhi Municipal Council. Central Information Commission

JudgesShailesh Gandhi, I.C.
IssueRight to information Act
Judgement DateApril 08, 2010
CourtCentral Information Commission

Decision:

Shailesh Gandhi, I.C.

Information Sought:

In regard to:

1. Complaint sent to Chairman NDMC on 15/04/2008 wherein details were given on corrupt practices of a company M/s Envirotech Overseas Limited as well as its subsidiary company M/s E.T. Envirotech Overseas Pvt. Ltd. on providing false documents and violating FEMA, RBI guidelines etc. Informed by vide letter No. 1407 dated 08/05/2008 by the Dir. (Vigilance), NDMC that necessary action has been taken on the same

2. Information thus sought is:

1. What action has been taken by NDMC against the convicted company. To provide copies of entire status report along with noting sheets

2. Did NDMC confirm from various authorities like DRI, ROC, FEMA and RBI about the facts mentioned in the complaint If yes, then what action has been taken in this regard If not, then to state reason for not taking any action against these complaints.

3. Note:

RTI transferred to PIO/SE (Planning) Civil, NDMC as information demanded pertains to Executive Engineer (S/P).

Response of the PIO:

4. Certified copy of noting sheet provided

5. For further information to contact Dir. (vigilance) NDMC in place of S.O. to Chairman NDMC

Grounds for First Appeal:

6. Unsatisfactory and incomplete information provided by PIO. Concealing information by transferring responsibility from one shoulder to the other

Order of the FAA:

Not enclosed

Grounds for the Second Appeal:

7. Incomplete information provided by PIO.

Relevant Facts emerging during Hearing:

8. The following were present

Appellant: Mr. Bheesham Sharma;

Respondent: Mr. Jai Prakash, Public Information Officer & Dy. Director;

9. The First Appellate Authority Mr. Philip Bara, Director (Vigilance) appears to be guilty of dereliction of duty since he does not appear to have passed any order in the matter. The First Appellate Authority Mr. Philip Bara, Director (Vigilance) is directed to present himself before the Commission with his explanation on 14 May 2010 at 3.30pm to showcause why the Commission should not recommend disciplinary action against him for dereliction of duty.

10. The PIO Mr. Jai Prakash has come totally unprepared before the Commission in the hearing. The Commission warns the PIO that he must come prepared and know the subject for which he is appearing in the hearing. If officers come for the hearing without having studied the subject they are wasting time of the Commission and the Appellant. The PIO admits that no...

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