RTI Judgement Series
RTI Judgement Series: Head clerk of MCD kept investigation orders in a cupboard for over a year

One head clerk, Shishram from the MCD kept the CVO’s order in a cupboard for over a year. Whether keeping the file in the cupboard was a deliberate act or inadvertent, asked the CIC. This is the 41st 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, asked the Chief Vigilance Officer (CVO) and Public Information Officer (PIO) of the Municipal Corporation of Delhi (MCD) to give a report outlining reasons and persons responsible for not carrying out his orders of an investigation.


While giving this important judgement on 13 April 2009, Shailesh Gandhi, former Central Information Commissioner, said, “It is a matter of distress that though the Chief Vigilance Officer clearly indicates that the investigation does not need more than a month, he is unable to exercise any control over the process to ensure that his order is implemented.”


Delhi resident Dr Soobrata Roy sought information from MCD about his letter submitted to the CVO and a reported scam in medicine purchases in Hindu Rao Hospital. He sought the following information...


S. No

Information Sought

PIO’s reply


In the above said letter CVO had ordered to “conduct fresh enquiry and report in one month time

(a) Was the above order followed by its letter & spirit by the subordinate officers & staff?

(i) If yes, Give me the details of certified copies of all documents, letters, and files with file notings related to the above enquiry and its report.

(ii)  If no, what action was taken or is being taken in this matter and give me the date on which the investigating team was formed?


(iii) Are the investigating officers working under threat of persecution from the well-wishers of those scamsters?



(iv) Are the officers being pressurized to go slow on the matter?  If no, Why are they so scared enough, to risk defying the CVO’s order?  Please give details.



This is a possibility because the highly corrupt people in MCD rules the roost & are highly rewarded with promotions & lucrative postings, any opposition to their activities leads to transfers & suspensions, as has been in our case.








Records have been obtained and investigation is under process.




The investigation is going on.  Statements of officials are being recorded and record has been called for.  No team was formed.


The complaint in question remained unattended in the almirah of the official who retired from Mpl. Services to whom the complaint was assigned to investigate.


No, the investigation in question is time consuming.




CAG in its report in 2007 had pointed out the similar irregularities in Hindu Rao Hospital and matter was highly publicized in both the visual & print media during the period from 25.04.2007 to 01.05.2007.  Press or Newspaper cuttings must have been produced before the senior officers.

(a) Please give me the certified copies of all the above press/newspaper cutting related to CAG reports indicating irregularities in Hindu Rao Hospital, placed before the senior most officers of MCD during the period from 25.04.2007 to 01.05.2007.

(b) With details of their movement, and action taken on them at each level on a day to day basis till date.








As per record, there is no such     information available in file


Not satisfied with the PIO’s reply, Dr Roy filed his first appeal before the First Appellate Authority (FAA). On 24 October 2009, the FAA ordered that “The reply given by the PIO/Vigilance is found in accordance with provisions of RTI (Right to Information) Act.  However, in the interest of justice, the PIO/Vigilance is directed to issue necessary direction to ADOV-II to complete the investigation into the matter in a time bound manner preferably within one month”.


After failing to get any response on the investigation report, Dr Roy then approached the CIC with his second appeal.


During a hearing, Mr Gandhi, the CIC, noted that Dr Roy had been asking about a reported scam in medicine purchases in Hindu Rao Hospital. “The scandalous state of affairs was that though Pradeep Srivastava, the Chief Vigilance officer, in April 2007 had ordered to conduct the enquiry in one month, no action was taken until April 2008 since it is claimed that one head clerk, Shishram kept the CVO’s order in a cupboard. It is a matter of conjecture whether this file being in the cupboard was a deliberate act or inadvertent,” the Commission observed.


After Dr Roy filed an RTI application and the matter was reported to Srivastava as FAA, the order for investigation within a month was re-issued. But there was no action.


Mr Gandhi then asked Srivastava, the CVO to ensure that the investigation report is completed and to enquire why his orders are flouted repeatedly. “The CVO will give a copy of the investigation report in the Hindu Rao medicine purchases. He will also give a report outlining reasons and persons responsible for not carrying out his orders. These will be given to the appellant and the Commission before 15 May 2009,” the Commission said in its order.



Decision No. CIC /SG/A/2009/000154/2720


Appeal No. CIC/ SG/A/2009/000154



Appellant                                            : Dr Soobrata Roy,

                                                            New Delhi-110054


Respondent                                                 : Pradeep Srivastava

                                                            Chief Vigilance Officer & PIO

                                                            Municipal Corporation of Delhi

                                                            16- Rajpur Road, Delhi-110054



MK Gupta

4 years ago

Govt. offices are run by clerks and Head Clerks who collect for the top echelon and hence, unless one approaches them and pays the steep fees demanded by them, not a paper can move. Higher officers eat from their hands and so they have no moral courage or authority to exercise their power otherwise their shares will not reaxch them. Moreover, these clerks, inspectors and lower ;level officers are permanent employees of MCD and serve the zonal councillors alone. There is no respite from the corrupt bureaucracy in India.

State Bank of India’s asset quality pain continues, says Nomura

State Bank of India’s loan and deposit growth both came in at 16% year-on-year, with a stable CASA ratio of 45.5%, reports Nomura Equity Research in its Quick Note

SBI (State Bank of India) reported 3QFY13 net profit of Rs34 billion, marginally lower than Nomura’s estimate of Rs34.4 billion, largely on account of higher-than-expected provisions and lower NIMs (net interest margins) offset by strong trading gains.


Loan and deposit growth both came in at 16% year-on-year, with a stable CASA (current account, savings account) ratio of 45.5%. Delinquencies came in higher than estimated at Rs81.8 billion with LLPs (loan loss provisions) of 1.17%, taking the GNPL (gross non-performing loans) ratio to 5.3%.  Consequently, SBI’s asset quality pain continues in the current financial year, said Nomura Equity Research in its Quick Note.


The key result highlights and analysts’ findings, according to the Nomura Quick Note include:  

  1. NIMs (net interest margins) of SBI are lower quarter-on-quarter on slippages, higher overseas mix and lower blended yields—NIM declined further to 3.31% from 3.34% in the previous quarter. Domestic NIM declined 14 bps (basis points) quarter-on-quarter to 3.63% as the loan yield declined 12 bps quarter-on-quarter compared to a flat cost of deposits. The SBI management guides towards a stable domestic NIM of 3.7% in 4QFY13.
  2. LLPs and slippages higher, expect decline in Q4—Loan loss provisions were Rs27.7 billion versus an expected Rs21 billion (quarter-on-quarter growth of 51%). The bank indicated that of the Rs81.7 billion in delinquencies, Rs15 billion to Rs20 billion was upgraded in the current quarter and will be restructured. As per SBI, most of the stress came from its mid-corporate and SME portfolio and they expect net slippages to be much lower for Q4. 
  3. The bank restructured Rs28.4 billion in Q3 versus Rs46.9 billion in Q2—Factoring these, the restructured loan ratio was 3.6% of total loan book. SBI guided towards a Q4 restructuring pipeline of Rs37 billion excluding Suzlon where it has a Rs30 billion of exposure (most of it non-funded).  
  4. Loan and deposit growth remain healthy, fee income weak—Loans grew 15.6% year-on-year supported by robust 28.4% growth in its international book, and the bank guided towards growth of 17%-18% for FY13F as per the current run-rate. Retail loan growth remains strong driven by auto and mortgage loans (up 31.2% and 14.3% year-on-year). The bank indicated that 12% of its YTD (year-to-date) net loan book accretion has come from refinance opportunities. Deposit growth of 15.6% y-o-y was supported by stable CASA growth (CASA ratio up 59bps q-o-q).
  5. The bank acquired 25 million saving bank customers in the last 12 months and has less than 1% of total deposits in bulk deposits. Non-interest income came in 11% higher than the Nomura estimate of Rs32.74 billion at Rs36.5 billion supported by robust trading gains of Rs4.2 billion. Fee income was weak on a year-on-year basis on lower traction from government business. 
  6. Operating expenses are likely to inch up in Q4, Tier-1 comfortable—SBI indicated it would have to provide Rs8-9 billion (20% of quarterly staff costs) in Q4 towards provisions for wage revision. Tier-1 to be 10% for FY13F including confirmed equity infusion of Rs30 billion by the government


SC orders telcos which did not participate in 2G auction to cease operations

Telecom companies which continued operation after cancellation of licences will pay fee as per reserved price fixed for fresh auction in November 2012

The Supreme Court on Friday ordered telecom companies whose licences were cancelled and did not participate in fresh auction for 2G spectrum will cease to operate immediately.


However, telecom companies which were successful in the fresh auction held on November 12 and 14, 2012 will be asked to start their services in the respective circles immediately, the court said.


“Telecom companies, which have been unsuccessful in the bidding and those after the cancellation of the licences did not participate in the fresh auction, are directed to cease from continuing operations forthwith and the successful bidders will immediately start in their respective circles,” the court said.


A bench comprising justices GS Singhvi and KS Radhakrishnan has directed that those telecom companies, which were allowed to continue operations after the scrapping of their licences by 2 February 2012 judgment, will have to pay the reserved price fixed for the licences in the first round of the auction held in November 2012.


The apex court by its interim orders had extended the deadline for them to continue with their operations.


The bench clarified that the apex court’s 2 February 2012 judgment will not be applicable on telecom companies holding the spectrum with 900 MHz band.


The bench also directed to immediately put on fresh auction the entire 2G spectrum for the licences cancelled by it.


In February last year, the Supreme Court had cancelled 122 telecom licences allotted by then telecom minister A Raja in 2008 and ordered fresh auction of 2G spectrum. Raja is accused of giving away precious spectrum as throwaway prices to several telecom companies.


We are listening!

Solve the equation and enter in the Captcha field.

To continue

Sign Up or Sign In


To continue

Sign Up or Sign In



The Scam
24 Year Of The Scam: The Perennial Bestseller, reads like a Thriller!
Moneylife Magazine
Fiercely independent and pro-consumer information on personal finance
Stockletters in 3 Flavours
Outstanding research that beats mutual funds year after year
MAS: Complete Online Financial Advisory
(Includes Moneylife Magazine and Lion Stockletter)