RTI Judgement Series: PIO assures not to favour anyone in distributing water through tankers in Delhi
Moneylife Digital Team 29 April 2013

Delhi Jal Board assured the CIC that water tankers would deliver water near electric poles or temples, mosques or community centres in Delhi instead of parking the tanker near anyone's home. This is the 82nd 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) disposed a complaint after assurance from the Public Information Officer (PIO) of Delhi Jal Board that the public authority would henceforth distribute water by parking their tankers at public places instead of parking it in front of any person's home.

 

While giving this judgement on 25 September 2009, Shailesh Gandhi, the then Central Information Commissioner said, “...the main issue was Delhi Jal Board sending tankers in some places next to the houses of particular people who are then appropriating the right to take water for themselves.”

 

New Delhi resident Yashpal Rawat, on 15 June 2009, sought information under the Right to Information (RTI) Act from the Public Information Officer (PIO) of Delhi Jal Board. Here is the information he sought and the reply provided by the PIO...

 

1. Details of work of Sanjay Ram, JE for which he was being paid by DJB.

PIO's Reply:. Sanjay Singh was being paid for the work. He did not do any kind of politics.

 

2. Details of working hours of the above said employee on the Karala Water Tank and details of amount paid to him as salary.

PIO's Reply: Mr. Sanjay Singh was working on the Karala water tank according to the responsibilities. His monthly salary was Rs23,877.

 

3. Details of action taken on the complaints which the appellant had given to the said employee. 

PIO's Reply: The appellant could draw water from near Pole No3 in Gali no3 of Pratap Vihar Part - II as the water tanker goes to that site.

 

Not satisfied with the PIO's reply, Rawat filed his first appeal. In his order, the First Appellate Authority (FAA) said that the dispute was regarding location where the tankers deliver water in the area which was 50-60 feet away from the house of the appellant. The FAA further stated that water was already being delivered at a point near the appellant's house so no further action was necessary. The FAA clarified that logistically it was not possible to deliver water at the doorstep of each person.  

 

Rawat, still not satisfied with the reply of FAA, then approached the Commission with his second appeal.

 

During the hearing, Mr Gandhi, the then CIC, noted that the main issues in the present case was that the Delhi Jal Board was sending tankers in some places next to the houses of particular people who are then appropriating the right to take water for themselves.

 

The PIO acknowledged this issue and told the Commission the they will ensure that tankers would deliver water near electric poles or temples, mosques or community centres in that area instead of parking the tanker near anyone's home. The PIO also assured Rawat that by 15 October 2009, all water tankers would deliver water at such places.

 

After the assurance, the Commission then dismissed the appeal stating that the PIO had provided the information sought under the RTI application.

 

CENTRAL INFORMATION COMMISSION

 

Decision No. CIC/SG/A/2009/001875/4878

https://ciconline.nic.in/cic_decisions/SG-22092009-07.pdf

Appeal No. CIC/SG/A/2009/001875

 

Appellant                                            : Yashpal Rawat

                                                            Delhi - 110086

                                                         

Respondent                                        : Lalit Mohan

                                                            Public Information Officer

                                                            Delhi Jal Board

                                                            O/o the Chief Engineer (West)

                                                            Karol Bagh, New Delhi - 110005.

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