CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003285/10427
Appeal No. CIC/SG/A/2010/003285
Relevant Facts
emerging from the Appeal
Appellant : Mr. Chhatar Singh Rachhoya,
R/o D-569, Phase-II,
Nangloi, Delhi- 110041.
Respondent : Public Information Officer &
Sub-Divisional Magistrate (Punjabi
Bagh),
Government of NCT of Delhi,
Main Rohtak Road, Nangloi,
Delhi- 110041.
RTI application filed on : 04/09/2010
PIO replied : 10/09/2010 & 28/09/2010
First appeal filed on : 18/10/2010
First Appellate Authority order : 18/11/2010
Second Appeal received on : 23/11/2010
S. No. Information Sought Reply of the PIO.
1. Specify if the choupal can be allocated There is no such detail of
to some other organization choupal in revenue record of this
overlooking directions of the High Sub-Division.
Court.
2. Specify the number of choupals BDO (W) has replied that there
allocated to each MLA in the district. is no such detail of choupal.
3. If not allocated, specify the reason.
4. Specify if the S.D.M. or any other
authority can over-ride the decision of
the HC. If yes, furnish the law which
allows this.
5. Whether I&FC Board, Urban
Development Dept., Revenue
Department has allotted any choupal
to any person on request as per the
committee constituted by the
Government on 24.07.2006.
Grounds for the First Appeal:
The reply furnished by the PIO is incomplete and wrong.
Order of the First Appellate Authority (FAA):
“The PIO is directed to provide the information to the Appellant as agreed by
him during the hearing within a period of 05 days. In case the Appellant does not receive
the information in terms of the aforesaid orders, he may approach the FAA within fifteen
days of the receipt of this order.”
Grounds for the Second Appeal:
No information has been furnished by the PIO despite orders from the FAA to provide
the same within 05 days.
Decision:
The appellant has stated that no information was provided to him despite
the order of the FAA.
The Appeal is allowed.
The PIO is directed to provide the complete information as directed by the
FAA before 30 December 2010 to the appellant
From the facts before the Commission it appears 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. 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 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 5 January, 2011. He will also send the
information sent to the appellant as per this decision and submit speed post receipt
as proof of having sent the information to the appellant.
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
14 December 2010
(In any correspondence on this decision, mention the complete decision number.)
(SC)