REQUEST TO ASSIGN DDA TO SHRI SHAILESH GANDHI, INFORMATION COMMISSION

Janta KI Awaaz
Shri Wajahat Habibullah,
Hon’ble Chief Information Commissioner,
CIC, New Delhi-110067.
whabibullah@nic.in
Date:7.6.2010.

Respected Sir,

At the outset, I pray to your honour that Shri Shalaish Gandhi, Hon’ble Central Information Commissioner should be assigned the job of hearing cases against the Delhi Development Authority as he is already hearing cases against other local authorities of like MCD, Jal Board etc. Shri M. L. Sharma, Hon’ble Information Commissioner has heard many cases of mine against DDA but the orders passed were not fully in accordance with the RTI Act. Even in some deserving cases, let aside imposing the penalty Shri Sharma, Hon’ble IC has not even rebuffed the DDA or passed any stricture against the DDA.

2 Such lenient approach has emboldened the DDA and most of the times; it does not give information even at the level of first appeal requiring approaching the CIC. Some of my cases are waiting for hearing from June, 2009 onwards. An ordinary applicant cannot approach the High Court against the lenient decisions of the IC and the DDA is fully aware of this and is fully exploiting this compulsion. Once, in the case no. CIC/LS/A/2009/00873 of Shri Amit Gupta, represented by me, written submissions did not have any mention in the order passed by Shri M. L. Sharma, IC. Before submitting these submissions second time, I pointed out to him that the same are not on record though already submitted personally five days in advance from the date of hearing. On this, IC suggested filing the same again - as his office receives so many letters daily and there might be some lapse by the staff - and I obeyed oral direction given by him. In the decision, Shri Sharma, IC has let off the PIO by merely cautioning the PIO ignoring the just demand of imposing penalty, granting compensation and recommending disciplinary action against the PIO. Had that has been done in some deserving cases; the DDA had not dared to take the RTI Act lightly. In one case, though I was present during the hearing but the order stated that the appellant did not attend the hearing. On being point out this, it was stated that this has happened due to mistake. I suggest that the CCTV cameras should be installed and hearing should be recorded. The step will also help Commissioners at the time of passing order.

3 If desired, I can send more details and can apprise you personally also, if you are kind enough to grant me this privilege and, if allowed, I may accompany some other applicants along with me with the similar grievances.

4. On the other hand, because of the strict orders in compliance of RTI Act, the Municipal Corporation of Delhi and other Departments under the jurisdiction of Shri Shailaish Gandhi, Hon’ble Information Commissioner have improved RTI compliance.

5. I am of the firm view that the present impasse is the result of the leniency shown for the DDA from the very beginning. I am sure that if the CIC order of conducting some survey about the satisfaction level on the decisions of the CIC in the cases against DDA by Shri Sharma, the result will be disappointing. Many times, instead of exercising his powers, the Hon’ble IC tries for compromise stating that “Aapko Aam Khane se Matlab Hai yaa Gutlian Ginne se”, indirectly suggesting that you should not insisted for supply the information and for the compliance of RTI Act but inform about your pending work with the DDA and the same will be done.

6. I don’t intend to complain against the aforesaid IC but have narrated the facts to you, as you are competent to assign the work to the Central Information Commissioners. I am ready to reiterate the above facts in a meeting in the presence of Shri M L Sharma, Hon’ble Central Information Commissioner.

The Dwarka Sub-city comes under DDA and numerous RTI applications by from its residents including President of the Dwarka Forum on civic facilities are pending before the Central IC. It will be in the greater interest of the residents that these are heard at an early date by an IC committed to RTI Act in letter and spirit.

7. At last, I am happy over the CIC decision to file an SLP before the Hon’ble Apex Court against the decision of Delhi High Court and, in the meantime, for finding the way out to continue the hearings at the CIC on the basis of the Patna High Court decision. Hearing cases by all the Commissioners together is impractical and the work of the CIC will come to the cropper and appointing 1+10 IC’s shall be worthless.

With Best Regards,
Yours sincerely,
M K Gupta
Joint Secretary, Dwarka Forum (Regd) with
2167 on line members.
Phone-9810550172.

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