The CIC directed the PIO to suo moto publish information about works carried out using councillor's fund in Delhi on the MCD website. This is the 185th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing an appeal, directed the Public Information Officer (PIO) of engineering department at Municipal Corporation of Delhi (MCD) to publish information about projects carried out using Councillor's Fund during 2007-09 as per Section 4 of the Right to Information (RTI) Act.

While giving the judgement on 25 February 2009, Shailesh Gandhi, the then Central Information Commissioner said, "The PIO will send the data on 2007-2008 and 2008-2009 to the appellant on a CD free of cost and also ensure that it put up on the website by 5 March 2009."

New Delhi resident Ashok Kumar, on 14 December 2006, sought from the PIO information regarding works carried out in Delhi during 2002-2007 using the councillor fund. Here is the information he sought...

1. Details for all works awarded during 2002-07 out of the Councillor Fund for All the wards of Delhi. Please provide this information year-wise and separately for each word

          a. Name of works awarded which are in progress or completed

          b. Location of these works and brief description of these works including  
               sketches

          c. Total amount sanctioned for each works

          d. Status of completion

          e. Name of agency

          f. Date of start and date of completion

          g. Amount disbursed till December 2006 for each work

          h. On whose request was each of the works initiated

2. How much money was provided to each Councillor under the Councillor Fund in each year between 2002 and 2007?

3. Does the money under the Councillor Funds lapse at the end of the year? If yes, how much money lapsed for each Councillor in Delhi in each year between 2002 and 2007?

4. On what activities can Councillor spend the funds available to them under the Councillor Fund?

5. Please give me a copy of the guidelines for allocating funds under the Councillor Fund

In his reply, the PIO said, "In this regard, it is inform you that reply has been received from SE (P) you are requested to please deposit Rs20 of two IDs No445 & 517 and also requested to deposit Rs7,656 as documents charges of 3,828 pages @ Rs2 per page. After that reply will be given to you."

There was no mention of any order passed by the First Appellate Authority (FAA).

Kumar then approached the CIC with his second appeal.

During the hearing, Mr Gandhi, the then CIC, observed that the appellant (Kumar) had asked for certain information which he believes the PIO should publish suo moto.

The PIO stated that the public authority had not done this so far. However, he stated that data for 2007-2008 and 2008-2009 is now on CD but has not been put up on the website.

While allowing the appeal, the Bench then directed the PIO to send the data of 2007-2008 and 2008-2009 to the appellant on a CD, free of cost, and also ensure that it put up on the website by 5 March 2009. The Bench also asked the PIO to send a compliance report to the CIC before 10 March 2009.

CENTRAL INFORMATION COMMISSION

Decision No. CIC/WB/C/2008/00027/SG/2059

http://ciconline.nic.in/cic_decisions/SG-25022009-37.pdf

Appeal No. CIC/ WB/C/2008/00027/SG

Appellant                                            : Ashok Kumar,

                                                            New Delhi - 110017                        

Respondent                                        : ME-cum-E-in-C & PIO,

                                                            Municipal Corporation of Delhi,

                                                            Engineering Department,

                                                            Town Hall, Delhi – 110006