Disconnection of the electricity supply to a temple near RML hospital
14 May, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the New Delhi Municipal Council (NDMC) seeking information on restarting supply of electricity to the Shiva Temple in Kalibari lane. The Public Information Officer (PIO) provided some information and stated that the electricity supply to the colony in which the temple is situated was disconnected at the request of DUSIB who in return had received a request from Dr. Ram Manohar Lohia (RML) Hospital for removal of that colony which was next to the hospital. The appellant stated that the NDMC had informed that the Ram Manohar Lohia Hospital had requested them to disconnect the electricity and water supply to the Temple and that when he sought information under RTI application from RML Hospital, he was informed that RML Hospital has not written any such letter requesting for disconnection of water and electricity supply to the temple and that they have no problem if the electricity supply to the temple is restored.
Proceedings
During the hearing the before Central Information Commission (CIC), the appellant stated that he had filed a first appeal at the same time as his complaint to the Commission and that the First Appellate Authority (FAA) stated that the information sought pertains to disconnection of electricity to old Shiva Temple. It was informed that a perusal of the enclosed documents reveals that the issue was earlier dealt with by the Electricity Department and therefore C.E.(E) in his capacity as the FAA should deal with and dispose off the appeal under reference. The appellant argued that the PIO, NDMC has furnished wrong information to him when he stated that the electricity supply to the temple was cut off at the request of RML Hospital.
View of CIC
The Commission noted that the appellant has been provided with information but has not been furnished with copies of supporting documents within the mandatory time period. The Commission directed the PIO, NDMC to transfer the RTI application to the concerned PIO, DUSIB along with the direction to provide copy of the letter if received from RML Hospital requesting for disconnection of water and electricity supply to the temple in the said Colony and if no such letter has been received from RML Hospital mentioning the Shiva temple the PIO, DUSIB has to intimate accordingly to the appellant. The CIC also directed the PIO, NDMC to provide a copy of letter received from DUSIB requesting for disconnection of water and electricity supply to the said Colony; the NDMC Competent Authority’s order directing disconnection of water and electricity supply to the Jhuggi Jhopdi area along with copy of any communication, file notings etc. mentioning the Shiva Temple in particular. The Commission further ruled that the complaint of the appellant that the PIO had deliberately provided wrong information is unjustified since the Shiva Temple is situated right in the middle of the said Colony and there is no reason as to why the temple should be mentioned separately as it is a part of structures in the Colony.
Citation: Mr. Mohinder Rai v. New Delhi Municipal Council in File No. CIC/AD/C/2012/001713
RTI Citation : RTIFI/2013/CIC/1277
Click here to view original RTI order of Court / Information Commission