Nitin Singhania v. Municipal Corporation Of Delhi And ORS
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13771/2024 & CM APPL. 57704/2024 NITIN SINGHANIA .....Petitioner Through:
Ms. Prachi Goel and Mr. Chandan Kumar Shashi, Advocates.
versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:
Mr. Siddhant Nath, Standing Counsel with Mr.
Bhavishya Makhija, Advocate for MCD.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 01.10.2024 1.
Petitioner seeks compliance of order dated 12th October, 2023 passed by Central Information Commission on a second appeal filed by Petitioner. While disposing of the second appeal, following directions were issued: "DECISION:
Keeping in view the facts of the case and the submissions made by the appellant and after perusal of the documents available on record, the Commission directs the respondents to furnish correct and complete information to the Appellant from their records or after collecting it from the department concerned, free of cost, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the date of receipt of this order under the intimation to the Commission.
Moreover, the Commission takes a serious view of the absence of the CPIO, MCD Najafgarh Zone, CPIO, MCD, Civic Centre, Delhi despite the notice. The Commission directs him to submit a written statement before the Commission, explaining his absence, along with the comments of the First Appellate Authority, before 10.11.2023, both by post and by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2024 at 11:38:32
uploading on http://dsscic.nic.in/online-link-paper-compliance/add. Furthermore, the Commission directs the Assistant Commissioner of MCD concerned to emphasize the importance of CPIOs fulfilling their responsibilities, attending hearings when required, and responding to RTI applications in a timely manner. The Commission directs the AC to take appropriate action against CPIOs within their jurisdiction who fails to meet these obligations, in accordance with the relevant rules and regulations. This action will ensure compliance of the Right to Information Act and improve transparency and accountability in government offices.
The Appeal stands disposed of accordingly."
2.
It is noted that through communication dated 25th April, 2024 CIC has sent a notice to Central Public Information Officer/ Public Information Officer, GNCTD, Zonal Office Building, Najafgarh Zone calling upon them to confirm the compliance of their directives issued on 12th October, 2023. This indicates that CIC is currently deliberating on the matter to ensure compliance of its direction issued on 12th October, 2023. 3.
In view of the above, the Court finds no reason to entertain the present petition and the same is disposed of with liberty to Petitioner to approach CIC for seeking appropriate directions. Considering the fact that the order of 12th October, 2023 has not been complied with for nearly one year, CIC is requested to conclude the proceedings initiated under notice dated 25th April, 2024 expeditiously.
4.
The Court has not examined the merits of the case. All rights and contentions of parties are left open.
5.
With the above directions, the present petition is disposed of, along with pending application, with liberty as aforesaid. SANJEEV NARULA, J OCTOBER 1, 2024/d.negi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2024 at 11:38:32