CENTRAL INFORMATION COMMISSION
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Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/001811/4835Adjunct
Appeal No. CIC/SG/A/2009/001811
Appellant : Mr. B. K. Kedia,
Flat No. G-5, Plot No-110083,
"Associated" Apartments, I. P. Extn.
Patparganj. Delhi-110092
Respondent : Public Information Officer & SE II
O/o the Suptdg. Engineer-II,
Municipal Corporation of Delhi,
Shahdara (South Zone ),
Karkardooma, Delhi
Public Information Officer & SE I
O/o the Suptdg. Engineer-I,
Municipal Corporation of Delhi,
Shahdara (South Zone ),
Karkardooma, Delhi
PIO & Asst. Commissioner
Municipal Corporation of Delhi,
Shahdara (South Zone ),
Karkardooma, Delhi
RTI application filed on : 25/03/2009 id no. 34
PIO replied : 01/06/2009
First Appeal filed on : 04/06/2009
First Appellate Authority order : Not mentioned
Second Appeal Received on : 27/07/2009
Information sought:
Appellant requested for file noting
S.No Information Sought PIO's Reply
1. Letter dated 02/09/2009 to Commissioner, MCD. This information is not
available as the date
02/2009 is not yet arrived.
2. Letter dated 18/09/2009 to Dy. Commissioner, S/s, As above, as the date
MCD, Karkardooma, copy to Commissioner, MCD 18/09/2009 is yet arrived.
3. Letter dated 23/10/2008 Mr. K. S. Mehra, This information is not
Commissioner, MCD available in the office.
4. Letter dated 20/12/2008 to Commissioner, MCD As above no.3
5. Letter dated 06/01/2009 to the Director (PG), ARPG, As above
Sardar Patel Bhawan, Sansand Marg, New Delhi
6. Letter dated 27/01/2009 to IAS, Principal Secy., GNC As above
of Delhi with copy to the Commissioner, MCD
7. Letter dated 02/02/2009 to Dy. Commissioner, MCD, As above
Karkardooma
8. Letter dated 04/02/2009 to the Commissioner, MCD, This information is not
Town Hall, Delhi-110006. available in bldg. deptt.
Sh(S).
9. Letter dated 16/02/2009 to Dy. Commissioner, MCD, As above.
Karkardooma
10. Letter dated 03/03/2009 to Commissioner, MCD, As above
Town Hall
11. Letter dated 09/03/2009 to Commissioner, MCD, As above
Town Hall, Delhi
12. Letter dated 09/03/2009 to Commissioner, MCD, As above
Town Hall, Delhi-110092
Grounds for First Appeal:
Appellant mentioned that there was a typing error in his original RTI Application with
respect to queries 1 & 2 which should have read as 02/09/2008 & 18/09/2008. The
Appellant also stated that the five notings on his complaints should have been provided to
him.
Order of the First Appellate Authority:
Not enclosed.
Grounds for Second Appeal:
Not mentioned.
Relevant Facts
emerging during Hearing:
The PIO has not provided any information and merely saying that the information is not
available at his office is an inappropriate response. The PIO should have sought the
information under Section 5(4) of the RTI Act from the officer who would have the
information and provide it to the Appellant. The FAA is also guilty of dereliction of duty
since they have not passed any order.
Decision dated 17/09/2009:
The appeal was allowed. The PIO was directed to provide the complete information to
the Appellant before 05 October 2009. The Commission issued a show cause notice to
the PIO & SE II for not providing the correct information within the time limit stipulated
by the RTI Act. The PIO was directed to appear before the Commission on 09/10/2009 at
11 am.
Relevant facts arising during the show cause hearing on 09/10/2009:
The following persons were present:
Appellant: Absent
Respondent: Mr. Satish Kumar Kataria, EE, o/o SE I, Mr. Rajeev Kumar, AE, o/o SE I,
Mr. SK Sharma, AC, Shahdara South
In the Commission’s decision the Respondent was SE II and not SE I. Mr. Kataria and
Mr. Kumar submit that it was marked to SE I by SE II. Some information has been given
by office of SE I in response to the RTI Application on 01/10/2009. The information sent
is clearly irrelevant as the Appellant had sought the file notings and not the action taken.
It is submitted by the Respondents that the information relates to both SE I and SE II. The
RTI Application was received by the AC’s office on 25/03/2009 and it was forwarded to
the SE II’s office on 26/03/2009. Mr. Kumar has submitted that the Office of SE I
received the RTI Application only on 25/05/2009. Mr. Kumar states that he has joined
only in August 2009 so he has no idea as to what happened to the RTI Application after
25/05/2009.
Mr. SK Sharma has submitted that the information relates to Shahdara South Zone and
therefore once the Commissioner’s office received letters from Mr. BK Kedia it would
have been marked by the Commissioner to Shahdara South Zone. The Commission
therefore directs the PIO & SE I, PIO & SE II and PIO & AC, Shahdara South Zone to
give the correct reply to the RTI Application before 31/10/2009. If the information is in
any other office, they are directed to seek assistance from the concerned office under
Section 5(4) and send the information to the Appellant themselves. They are further
directed to appear before the Commission on 12/11/2009 at 4.30 p.m. along with their
written submissions to show cause why penalty should not be imposed on them under
Section 20 of the RTI Act. If there are other persons who are responsible for the delay in
providing the correct information to the Appellant, such persons will also be served this
show cause notice and be directed to come to the Commission on 12/11/2009 along with
the three PIOs mentioned above.
Shailesh Gandhi
Information Commissioner
9 October 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj