CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/002740/10197
Appeal No. CIC/SG/A/2010/002740
Relevant Facts
emerging from the Appeal
Appellant : Mr. Chottey Lal
H.No.170, Prajapati Mohalla,
Village and Post Office Tugulakabad,
New Delhi-44.
Respondent : Mr. Hetesh Saxena
Public Information Officer & Dy. Director(SUR),
Delhi Urban Shelter Improvement Board,
I.P. Estate, ITO, New Delhi
RTI application filed on : 06/07/2010
PIO replied : 04/08/2010 and 06/08/2010
First appeal filed on : 17/08/2010
First Appellate Authority order : not enclosed
Second Appeal received on : 28/09/2010
Sl. Information Sought Reply of the PIO
(The following information is sought in Hindi.) (Reply of D.D.(SUR), 06/08/2010)
1. List of plots in Block- A, C, D and E in Bawana J.J. The Plots in Block-A, B, C, D and E
Colony which have been cancelled from the period 2003- have been cancelled as per Order No. F-
30/07/2010 and their plot nos. 03/Bawana- S.P. Badli/OSD
(SUR)/S&JJ/2007/D-21 dated
03/09/2007. The Order is in 34 pages
and the same can be collected by
depositing Rs. 2 per page.
2. Allotment lists, draw list and plot no. of plots in the List has been provided.
above mentioned Colony which have been re-alloted
from the period 2003-30/07/2010.
3. Details of plots in various blocks of the above mentioned Not available.
Colony which have not been allotted from the period
2003-30/07/2010.
4. Details of shops in various blocks which have been Not related to the department.
allotted or cancelled or which have not been alloted or
those which have been re-alloted from the period 2003-
30/07/2010.
5. Details of plots which have been sealed in the above This relates to the Engineering branch of
mentioned Colony from the period 2007-30/07/2010. the Slum and J.J. Department.
Replies from Arch. Assistant, Slum and J.J. Department dated 12/07/2010 and Executive Engineer-I, CPD
dated 12/07/2010, Executive engineer Enf.-II dated 19/07/2010 were also enclosed with the letter dated
04/08/2010 of Superintending Engineer.
Grounds for the First Appeal:
Dissatisfactory and incomplete information provided by the PIO.
Order of the First Appellate Authority (FAA):
Not enclosed.
Grounds for the Second Appeal:
Dissatisfactory and incomplete information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Hetesh Saxena, Public Information Officer & Dy. Director(SUR);
The PIO has not provided information on queries 2, 3 & 4 and there appears to be no reasons for
not providing these.
Decision:
The Appeal is allowed.
The PIO Mr. Hetesh Saxena, DD(SUR) is directed to provide the complete
information on queries 2, 3 & 4 to the appellant before 15 December 2010. If necessary he
will procure the information under Section 5(4) from any other PIO.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. It appears that the PIO’s actions attract the penal provisions of Section 20 (1).
A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show
cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1) before 20 December 2010.
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
29 November 2010
(In any correspondence on this decision, mention the complete decision number.)(PA)