Seeking submissions made by public authority before CIC in an earlier hearing
The appellant filed an application under the Right to Information (RTI) Act with the New Delhi Municipal Council (NDMC) with reference to a decision given by the Commission in case no. CIC/AD/A/2012/002723. The applicant sought the copy of terms and conditions based on which the Commission was informed by the respondent in the earlier hearing that a license is given for operating a kitchen in the open only on condition that it operates under a covered area and in sanitary/ hygienic conditions. The applicant also sought the details of the definition of the word ‘Covered’ along with the rules/terms & conditions to operate a kitchen under a cloth roof and open on all 4 sides. The Public Information Officer (PIO) provided the copy of site plan of the Hotel to which the matter related and stated that the definition of the covered area can be obtained from Civil Engineering/ Architect Department. The First Appellant Authority (FAA) stated that copy of the site plan, health license and the terms & conditions of the health license issued to Hotel Diplomat have already been provided to the appellant in the earlier case.
During the hearing the before Central Information Commission (CIC), the respondent submitted that Health License has been issued to the Hotel Diplomat for the preparation, storage and sale of aerated water, tea, coffee, bakery products and food items inside the building from health point of view under section 331 of NDMC Act. The appellant pointed out that this reply is proof of the fact that license is to be given for preparation of food items in the kitchen only inside the building and not in the garden. The respondent explained that the term inside the building that he had used in his reply referred to the whole premises of the hotel including the covered area of the garden and hence there is no contradiction in his replies. Regarding the terms and conditions which reflect the submission of the respondent to the Commission in the earlier case, the respondent clarified that there are no such terms and conditions and that he had mentioned “Covered area” since while implementing the section 331 of NDMC Act it is understood that the kitchen in the garden is automatically covered with some kind of roof in order to ensure sanitation and hygiene.
View of CIC
The Commission directed the PIO to intimate the appellant in writing that the term ‘inside the building’ also meant the covered area in the garden. The CIC also directed the PIO to inform the appellant about the non - availability of terms and conditions in respect of ‘covered area while also clarifying why the term has been used.
Citation: Mr. Vijay Kumar Kohli v. New Delhi Municipal Council in File No: CIC/AD/A/2013/001344
RTI Citation : RTIFI/2013/CIC/1348
Click here to view original RTI order of Court / Information Commission