CENTRAL INFORMATION COMMISSION

Transcription

1 CENTRAL INFORMATION COMMISSION Appeal No.CIC/WB/A/2006/00807 & 923 dated & Right to Information Act 2005 Section 19 Appellant - Shri Naved Yar Khan Respondent - Govt. of N.C.T. Delhi Facts: These are two identical appeals in separate files with the same parties and the same issues. They have been, therefore clubbed together. Shri Naved Yar Khan of Ballimaran, Delhi applied to the Chief Executive Officer, Delhi Wakf Board on with the following request: 1. Who was the Chairman of Delhi Wakf Board and the period of his tenure before Mr. Haroon Yusuf and to the places and kilometers (datewise) Delhi Wakf Boar s car/s assigned/ used by its former Chairman Shri Haroon Yusuf operated according to drivers log book/s till the aforementioned former Chairman Mr. Haroon Yusuf used or was assigned with the car/s? 2. What were the number/s and model/s of the aforementioned car/s and the area (kilometer-wise) did the car/s cover on average per liter and the total amount that was spent on fuel for the car/s and if the car/s was/were air conditioned? 3. The venue/s, date/s and number of meetings of the Board held during the tenure of the aforementioned Shri Haroon Yusuf as its Chairman and attended by him? 4. Is the post Asstt. Manager in Delhi State Mineral Development Corporation held by Mr. Gazi Azhar Ahmed equivalent to Dy. Secretary rank under the Govt. of NCT of Delhi when he was appointed as Chief Executive Officer of Delhi Wakf Board and was there any inquiry held to ascertain this or EPF handling by him, by the Government in the year 2003? 5. How much expenditure did the Board commit for the designing paper printing and pasting of the posters entitled Khatam Bukhari Sharif issued by Mr. Qazi Azhar Ahmed, the then Chief Executive Officer of the Board and for the prizes for distribution etc. in the function held on 14 th October, 2003 at Madarsa Aliya Arabeeya, Masjid Fatehpuri, Delhi? 6. Did the Board send any written communication to the Imam of Masjid Fatehpuri, Delhi in October, 2003 promising the laying of 1

2 stone slabs in the courtyard of the Mosque and was it in response to any query by him or any other person? 7. How many wakf properties were there in Delhi during the tenure of Mr. Haroon Yusuf as its Chairman and what were their approximate market annual rental/sale purchase values then? 8. How many of the wakf properties were sanctioned in the aforementioned period by the Board for lease, exchange, sale etc. and was the expression of interest by the general public for the same were advertised? 9. When did the Board approve addition and alteration in the wakf property situated at the terrace floor of 1 st floor of Mpl. No. 6496, Fatehpuri, Delhi and if yes then to what extent and if your office received information since 14 th March,2004 of the construction activity at the aforementioned site and if so what action was taken? 10. In whose name the lease of the aforementioned wakf property at the terrace floor of the Ist floor of Mpl. No. 6496, Fatehpuri, Delhi was sanctioned and when and originally on what terms? To this he received a reply on as follows: Ans. No. 1 Mr. Siraj Piracha was the Chairman of Delhi Wakf Board prior to Mr. Haroon Yusuf. His tenure was from July 1994 to March, According to the report of the office the logbook of that period is not available in the record. Ans.No.2 The staff cars used by former Chairman Mr. Haroon Yusu was DBS 3 Model 86 and DL 7 SK 001 model 1999 ambassador cars. One A.C. one non A.C. (a) DBS 3 = to Rs.2232/ Km. (b) to official vehicles not used. (c) DL 7 SK to Rs. 2,19, Km (Average not available) Ans. No.3 Detailed enclosed. Ans. No. 4 This information be obtained from Delhi State Mineral Development Corporation. Ans. No.5 The expenditure regarding Khatam Bukhari, Madarsa Aliai in the year 2003 was Rs. 34,769/- Ans. No. 6 Yes. The written communication was sent to the Imam. The file is silent whether any request/query wasmade by him. Ans. No. 7 There were 1977 Wakf properties indelhi during the tenure Mr.Haroon Yusuf. The Wakf properties are unalienable as such no market value can be assessed. Ans. No. 8 No Wakf property wasleased, exchanged or sold during the tenure of Mr. Haroon Yusuf. 2

3 Ans. No. 9 On 1 st October, 2003 the then CEO issued NOC to Mrs. Nuzhat Begum to carry out construction as per site plan on terrace of Wakf property 6496 attached to Masjid Fatehpuri. The complaints are under examination. Ans. No. 10 Tenancy was created in respect of terrace Mpl. No Masjid Fatehpuri, in the name of Mrs. Nuzhat Begum vide property committee resolution No. 3 dated Rs.100/- per month. Complaining that this information was incomplete, misleading and false, appellant moved a first appeal on before the Appellate Authority, State Information Commission at New Delhi. However, the first appellate authority being Shri Faizi O. Hashmi, CEO Delhi Wakf Board, the appeal was heard by him on However, there is no written decision on file. In his appeal before us appellant has pleaded as follows: (a) SPIO and CEO at Delhi Waqf Board to forthwith take steps to abate the grievance of the appellant. (i) by providing complete, clear and true information as sought by the appellant at Sr. No. 1,2,3,4,6,7,8 & 9 in his application dt to the CEO DWB on payment of the prescribed fee under the RTI Act, (ii) issue to the applicant corrigendum of date as sought at ground No. 1 in the first appeal. (iii) to take steps u/s 6(3) of the RTI Act 2005 pertaining to the information sought at Q. No. 4 of the appellant dt , which has not been complied with as evident in answer No. 4, in the order dt of the SPIO. And this Hon ble Commission be pleased to (iv) impose maximum amount of Rs. 25,000/- as exemplary penalty u/s20(1) of the RTI Act, 2005 In his response to the appeal notice, Shri S.M. Ali, CEO Delhi Wakf Board has submitted point wise comments on each of the paras in the second appeal. The appeal was heard on The following are present: 1. Mr. Jamil Murtaza, Consultant, Delhi Wakf Board 2. Mr. K.S. Bhati, Chief Law Officer 3. Mr. Sarup Law Revenue Asstt. 3

4 Shri Jamil Murtaza clarified that he was no longer SPIO with the Delhi Wakf Board but this position is now held by Shri Mohd. Arif. The CEO has also changed and is now Shri S.M. Ali who has submitted the response to our appeal notice. Shri Naved Yar Khan has been informed of the hearing on January 16, 2007 but has opted not to be present. As admitted in the response to the appeal notice no written order was issued on the appeal but directions had been issued that such information, as desired by the appellant, should be provided to him. In case there is any further information sought by appellant he is free to approach the present SPIO Shri Mohd. Arif to obtain the same. The original application and the response sent have been examined during the hearing. Q. No. 1 stands partly answered. Even if logbooks are for some reason not traceable it is inconceivable that records of use of the official vehicles has not been kept. Q. Nos. 2 & 3 stand answered. Q. No. 4 pertains to another organization and should have been transferred u/s 6(3). In this case, however, this intimation has been given to applicant. Q. No. 5 & 6 stand answered but information with regard to Q. No. 7 is only partly served. The argument given in response to the application that Wakf properties are inalienable as such no market value can be assessed is unsustainable because Wakf properties are given on rent, as admitted in the answer to the last question, on lease and structures built thereon on payment of certain remunerations to the Wakf Board. This information can be provided. Answers to Q. Nos. 8, 9 & 10 have been provided. DECISION NOTICE There have been some lapses in this case: 1. There has been no written order on appeal. 4

5 2. For the information which could have been obtained from another public authority, there has been no transfer u/s 6(3). However, these are lapses of procedure explicable by the early stages of dealing with this Act. We find that the public authority has in fact responded within time to the initial application and provided most of the information. The remaining information, if any, could have been provided at the appeal stage. Even though instructions seem to have been issued to provide the information, such information particularly pertaining to parts of Q. No. 1 regarding record of travel, and on Q no.7 of the issues raised by the appellant Shri Naved Yar Khan may now be provided within one month of the date of issue of this decision notice. Because what appears to be a genuine effort has been made at the level of PIO to provide the full information sought, no penalty will lie. However, the public authority is directed to ensure that the lapses described above are not repeated. The appeal is disposed of accordingly. the parties. Announced in the hearing. Notice of this decision be given free of cost to (Wajahat Habibullah) Chief Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission. (L.C.Singhi) Addl. Registrar