Appellant: In the absence of any laid out policy for vacation of lent out premises, the owners are being harassed - CIC: As per u/s 4(1)(c), provide the guideline regarding vacating property being rented in to avoid arbitrary exercise of powers
Heard on 2.12.14. Complainant present. Respondent is represented by Shri Rajiv Bhatnagar and three other officials.
2. The complainant through his RTI application dt 29.4.2013 has sought 5 point information viz. Policy of approval of shop for Liquor Vend (L 6 License); transfer of Liquire vend from one rented shop to another; vacation of shop leased/rented etc. CPIO on 8.5.2013 gave detail reply. Being unsatisfied with the reply of the CPIO, the complainant made complaint before the commission.
3. During the hearing, the complainant submitted that there is no policy for vacating the premises rented in by the Respondent and in the absence of any laid out policy, the owners are being harassed and he wanted to know the policy being laid down regarding premises being taken on rent and why the same has not been put on the department website as mandated under RTI Act. The Respondent submitted that whenever the owners approach them for vacating they used to vacate and there is variation with some premises being vacated after one year and some within six months and some premises were even vacated as per the directions of the Hon’ble Court.
4. The Commission after hearing the submissions made directs the Head of the Public Authority to provide the guideline/ policy/ standard regarding vacating property being rented in to avoid arbitrary exercise of powers. This is a statutory requirement u/s 4(1)(c) Every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public; of the RTI Act. If this is not done so, the same shall be done and compliance report be submitted within two months of receipt of this order to the Commission with a copy endorsed to the Appellant. The PIO is directed to place a copy of this order to Head of the Public Authority for compliance.
5. The Commission ordered accordingly.
(M. Sridhar Acharyulu)
Citation: Sukh Sagar Nagrath v. Delhi State Civil Supplies Corporation Limited in Case No.CIC/SA/C/2014/000078