Action taken on 4 applications regarding non refund of EMD sought – CIC: disclose file notings/ correspondence made in the matter - institute suitable enquiry if the demand by clerk for Rs. 500 was made without any supporting rule
1. Appellant submitted RTI application dated 5 June 2012 before the CPIO, North Delhi Municipal Corporation, New Delhi seeking details in respect of the actions taken on Appellant’s several applications regarding non refund of his EMD and other related information.
2. Vide Order dated 13 July 2012, copy of the diary dispatch was provided to the Appellant.
3. Appellant preferred first Appeal to the First Appellate Authority.
4. Vide Order dated 9 August 2012, FAA upheld the CPIO’s Order as information as held has already been provided to the Appellant. FAA further informed the Appellant that his grievance may not be redressed through the current forum under the RTI Act, 2005.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today. Both parties as above appeared in person and made submissions.
7. After hearing both parties Commission directs the CPIO to provide information to the appellant regarding the final disposal of the four applications referred to in the RTI application. The information will include file notings/correspondence etc made while disposing of the four applications up to the point of final disposal.
8. In respect of point 2, the CPIO is directed to provide the recorded reasons for not refunding the EMD amount to the appellant.
9. Regarding point 3, the CPIO will provide the rules under which the demand of Rs. 500/– is being made by Shri Sushil, tender clerk before closing any file pertaining to waterless urinals.
10. Information as above to be provided within two weeks of receipt of the order.
11. In case the demand for Rs.500/– by the tender clerk is being made without any supporting rule to justify such demand, the Deputy Commissioner, CLZ, North delhi Municipal Corporation may like to institute suitable enquiry into the matter.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Citation: Appeal: Shri Hukam Chand v. North Delhi Municipal Corporation in Appeal No. CIC/DS/A/2012/002451