CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai,
New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2011/001641/13826
Appeal No. CIC/SG/A/2011/001641
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Krishan Gopal Kaushik
206/1A, Street No-5,
Padam Nagar, New Delhi-110007
Respondent : Mr. Suresh Chandra,
Public Information Officer &
Superintending Engineer,
MCD (Karol Bagh Zone)
Old Rajendra Nagar, Block No. 52,
Karol Bagh, New Delhi
RTI application filed on : 09.02.2011
PIO replied : 24.02.2011
First Appeal filed on : 08.03.2011
Order of First Appellate Authority : 01.04.2011
Second Appeal received on : 20.06.2011
The Appellant seeks information regarding the encroachment at A-165, Subhadra Colony,
Sarai Rohella in Delhi:
S. No. Information Sought PIO’s Reply
1. Provide the copy of inspection The photocopy of the inspection report
report of area JE/AE (M) of area J.E. is enclosed herewith
stating that during the inspection of
property stated above the concerned
authority has not found any
encroachment in shape of shops in
front of this property. The owmer has
built his own flower plot in front of his
house.
2. Provide the time span required Removal of encroachment is a policy
by the MCD to remove the matter and it is decided by the higher
encroachments. authorities however, every month the
program of removal of encroachment
is made by AE/KBZ.
Grounds for First Appeal:
The Appellant finds the information as false and misleading. He says that there are real
encroachments evident and the dept. should have addressed the complaint within 30 days and
should have removed the encroachment by now as per the citizen charter.
Order of the First Appellate Authority:
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The FAA advised the PIO to send AE/JE of the area for further inspection of the area and to
forward inspection report to the Applicant within a month and disposed of the appeal.
Grounds for Second Appeal:
The Appellant is not satisfied as he finds that the PIO didn’t adhere to the orders of the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Jagdish Chander, AE (Works) on behalf of Mr. Suresh Chandra, PIO &
SE.
The Respondent states that the FAA had mentioned that photographs of encroachment were
being sent with the order. Since the photographs mentioned by the Deputy Commissioner Mr.
D. V. Verma were not received, the PIO decided not to do any inspection. No inspection was
done and hence no inspection report was sent to the Appellant after the order of the FAA. The
Respondent claims that he commanded the Appellant to send him the photographs again. The
FAA had clearly ordered that inspection must be done but his order has been flouted.
Decision:
The Appeal is allowed. The PIO is directed to ensure that an inspection of the area is done
and an inspection report is sent to the Appellant regarding encroachment before 20 August
2011.
The issue before the Commission is of non- compliance of the order of the First
Appellate Authority by Mr. Suresh Chandra, PIO & SE. It appears that Mr. Suresh
Chandra, PIO & SE has refused to obey the orders of his superior officer i.e. the FAA, which
raises a reasonable doubt that the denial of information may be malafide. The First Appellate
Authority has clearly ordered the information to be given, which has not been done by the
PIO. It appears that Mr. Suresh Chandra, PIO & SE’s actions attract the penal provisions of
Section 20(1) of the RTI Act. A showcause notice is being issued to Mr. Suresh Chandra,
PIO & SE and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
Mr. Suresh Chandra, PIO & SE will present himself before the Commission at the above
address on 24 August 2011 at 11:30 am alongwith his written submissions showing cause
why penalty should not be imposed on him as mandated under Section 20(1) of the RTI Act.
He will also submit proof of having given the information to the Appellant. If there are other
persons responsible for the delay in providing the information to the Appellant the PIO is
directed to inform such persons of the show cause hearing and direct them to appear before
the Commission with him.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
03 August 2011
(In any correspondence on this decision, mention the complete decision number.)(GJ)
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