CENTRAL INFORMATION COMMISSION
Room No.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110 066.
Tel: + 91 11 26161796
Decision No. CIC /WB/A/2008/00573//SG/0239
Appeal No. CIC/WB/A/2008/00573/
Relevant Facts
emerging from the Appeal
Appellant : Mr. Manish Bhardwaj,
X-7, Shivaji Gali,
Behind kothi Bhagwan Das,
Gandhi Nagar,
New Delhi-110031.
Respondent 1 : Deputy Commissioner &
Public Information Officer under RTI
Act 2005,
Municipal Corporation of Delhi,
Shahdra South Zone, Shahdara,
Delhi-110032.
RTI filed on : 18/10/2006
PIO replied : Not Mentioned
First appeal filed on : 13/02/2007
First Appellate Authority order : 17/03/2007
Second Appeal filed on : 11/06/2007
S.No Information Sought PIO's The First Appellate Authority ordered
Reply
1. Number of private laborers hired Not ID No.301
for raiding party each during the mentioned. In this case applicant had sought information
period from 01-07-06 to 20-09-06 regarding lodging FIR. It was informed by
indicating names & addresses of the PIO that desired information has been
laborers with attested photo provided to the applicant and this was
copies of paid vouchers of endorsed by the appellant and he was
remunerations paid to the private satisfied.
labourers during the aforesaid
period.
2. Information indicating if any ID No. 305
tender/quotation was invited for Regarding private labourers and trucks hired
such trucks to be hired and if so, for raiding party. Payment made and the
particular of quotation/ tenders details of rates at which trucks hired.
with rates quoted by Therefore, PIO, Deputy Commissioner
tenders/questioners and addresses (Shah South) is directed to provide
of the tenders with attested photo information to the appellant immediately
copies of quotations. and reason for the delay may also be probed.
3. Number of trucks and name & ID No. 317
address of truck owners hired for The applicant had sought details pertaining
raiding party during the period to the posting of administrative officer
from 1st July 06 to 20th Sep 06 (Enforcement).It was informed by the PIO
indicating rates of fare per day that desired information has been provided
with certified/attested photo to the Applicant and this was endorsed by
copies of sanctioned paid the appellant and he was satisfied.
bill/vouchers of payment.
4. Rates of hired trucks par day ID No. 355
during one year earlier i.e. from It was informed by the PIO that desired
1st July 05 to 30th Sep 05 with information had been provided to the
attested photo copies of paid Applicant and he was satisfied.
vouchers/bills and cash register
may kindly be supplied.
5. Inspection of the related records, ID No. 385
cashbooks recovery register etc. The Applicant had sought information
may kindly be allowed. regarding Dhalaos/Dustbins in Ward No. 75
& 76 along with details of sanitary inspector
deployed and Rules & Regulations for
removing Dhalao/Dustbins from Govt.Land.
it has been observed that there is delay
providing information to the Appellant.
Therefore, PIo, Deputy Commissioner (Shah
south) is directed to provide information to
the Appellant immediately and reason for
the delay may also be provide.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Absent
From the papers submitted by the appellant the issue is that PIO, Deputy Commissioner
Shahadara Zone, did not provide information for Id 305. The appellate authority in his dated
12-03-2007. Has clearly mentioned “Regarding private labourers and trucks hired for raiding
party. Payment made and the details of rates at which trucks hired. Therefore, PIO, Deputy
Commissioner (Shah South) is directed to provide information to the appellant immediately and
reason for the delay may also be probed”. From what is mentioned in second appeal has still not been
provided.
Decision:
The appeal is allowed.
The complete information will be sent to the appellant before 5th December, 2008 by
the present PIO of South Shahdra Zone.
The issue before the Commission is of not supplying the information by the PIO within
30 days as required by the law.
It also appears that the First appellate authority’s orders have not been implemented.
From the facts before the Commission it is apparent that the PIO Mr. J.P.Agarwal, Deputy
Commissioner, Shahdra South Zone, 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. He has further refused to obey the orders of his superior officer,
which raises a reasonable doubt that the denial of information may also be malafide. The First
Appellate Authority has clearly ordered the information to be given. .
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 to present himself before the
Commission to show cause why penalty should not be levied on him. He will present himself
before the Commission at the above address on 16th December, 2008 at 4.30 pm alongwith
his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1). If the PIO wishes to contend that some other officer / officers
are responsible for the delay since he has sought their assistance under Section5(4) he will fill
in the time line in the attached format and ask such other officer / officers to be present with
their explanations.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
17th November 08.