CIC: The applicant seeks information which is scattered & has to be collated from various custodians of record: Such an exercise cannot be undertaken without causing disproportionate diversion of the resources of the public authority; Inspection allowed
18 Jun, 2019
CIC/TDDEL/A/2017/140857
Information sought and background of the case:
The Appellant filed RTI application dated 06.02.2017 seeking information on the following points or etc.
1. Provide the copy of old and new construction, tender file of renovation work, soft or hard copy of information etc. from the transport deptt. Or Govt. in the financial year 2013-14, 2014-15, 2015-16, and 2016-17.
2. Provide details/record of these work plans, maps and work related officers.
3. Provide details/record of the tender invitation for these works.
4. Which company / contractor took part in all these tender?
The PIO (VIU)/Transport Deptt. (Burari) vide letter dated 19.04.2017 informed the Appellant that the said information is not available in this office. Dissatisfied reply received from the Respondent the Appellant filed First Appeal dated 15.04.2017. The FAA vide order dated 09.05.2017 directed the MLO (VIU)/CPIO Burari that the complete reply may be provided within 15 days as per RTI Act, 2005. Complaining non compliance of the FAO, the Appellant approached the Commission.
CIC/TDDEL/A/2017/173354
Information sought and background of the case:
The Appellant filed RTI application dated 02.03.2017 seeking information on five points:-
1. How many departments of the transport department are in all districts of the capital Delhi, from these how many officers, how many employees, how many deems employees and how many in contract and daily basis. Provide the complete records photocopy.
2. According to serial no. 1, delimitation of these offices and get verified copies of full details of the settlements in the periphery area.
3. The registration of the vehicles that were sold from the show room an legal-illegal transportation exhibition in the periphery of one of the authorities, is to be registered in any other authority, under which rule of government transport department is possible?
4. If the Government / Transport Department have a list of district-town showrooms for sale of legal-illegal vehicles, e-rickshaws, then get a verified copy of its full description / record. Etc.
The PIO (Admn. Branch)/ Transport Deptt. letter dated 15.03.2017 provided point wise information to the Appellant. Dissatisfied with reply received from the CPIO, Appellant filed First Appeal on 17.04.2017/FAO letter dated 20.07.2017 directed all the MLOs to furnish available information to the Appellant within 15 days from the receipt of this order. Feeling aggrieved over non-compliance of the FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both the parties are present and heard on both the Second Appeals. The Appellant claims to be aggrieved over non receipt of complete information. Per contra, the Respondent PIOs jointly submit that the Appellant had sought information which is scattered across various Motor Licensing Offices across the NCT Delhi and hence, it is not convenient for them to collate and furnish voluminous information to the Appellant. At this, the Appellant confined his plea to inspect the record at Hq. level and obtain copies as per his desire.
Decision:
The Commission finds the RTI application to be seeking information which is scattered and thus has to be collated from various custodians of record. Such an exercise cannot be undertaken without causing disproportionate diversion of the resources of the public authority. Hence, the PIO(Hq) is directed to offer inspection of centrally maintained data to the Appellant on both his RTI Applications on a mutually convenient day and time. The FAA is directed to ensure that the decision of Commission is complied in letter & spirit. The Appellant shall be entitled to seek copies upto 50 pages free of cost. Further copies shall be supplied on payment of usual charges. The PIO shall file a compliance report of the present order before the Commission by 01.07.2019.
The Appeals are disposed off.
Y. K. Sinha
Information Commissioner
Citation: Shri Rakesh Kumar v. Transport Deptt., GNCTD in CIC/TDDEL/A/2017/140857 and CIC/TDDEL/A/2017/173354, Date of Decision : 03.06.2019