CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opp. Ber Sarai Market, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002708/5982
Appeal No. CIC/SG/A/2009/002708
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Joginder Dahiya
Sanjay Colony, Vikas Samiti(Regd.),
37/19, Galil No. 7,
Sanjay Colony Near Star Automobiles,
Safiabad Road, Narela, Delhi - 110040
Respondent : Mr. N.K.Gupta
Public Information Officer &
Assistant Commissioner
Government of NCT of Delhi
O/o the Asstt. Commissioner,
Narela Zone, Narela, New Delhi.
RTI application filed on : 23/06/2009
PIO replied : 24/08/2009
First appeal filed on : 18/08/2009
First Appellate Authority order : Not mentioned
Second Appeal received on : 24/10/2009
Hearing Notice issued on : 05/11/2009
Hearing held on : 17/12/2009
The Appellant had sought following information from PIO, GNCTD, Narela Zone:
Sl. Information sought PIO’s reply
1. What action has been taken on the As requested vide your letter dated 9/4/2009,
letters received at the Commissioner’s 12/05/2009 and 01/06/2009 the cleaning has been
office on 09/04/2009 and reminders done.
13/05/2009, 12/05/2009, 01/06/2009
and 02/06/2009?
2. How many sweepers are appointed for Six employees have been appointed for cleaning
cleaning of the colony? the colony.
3. What rules and regulations prepared Cleaning at unauthorized colonies done by the
for cleaning of the colony? Fatik time to time.
Grounds for First Appeal:
No information provided by the PIO.
Order of the First Appellate Authority:
Not mentioned.
Grounds for Second Appeal:
The information provided is late by 61 days and the FAA had also not decided first
appeal.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Joginder Dayiya;
Respondent: Mr. Naresh Kumar, Sanitation Superintendent on behalf of Mr. N.K.Gupta, Public
Information Officer & Assistant Commissioner ;
The appellant has received the information on 29/08/2009 however he points out that for
the simple information the information was not provided to him with in 30 days. The RTI
application was received by the PIO on 29/06/2009. The Safai Karmarchari Mr. Ravinder Kumar
could not forward the RTI application to the deemed PIO since there was no Sanitation
Superintend in the office.
The application was given to the holder of information Mr.Subhash Chandra and Mr. Virender
Singh Assistant Sanitation Inspectors on 07/07/2009, who gave the information on 24/08/2009.
Decision:
The appeal is allowed.
The information has been provided.
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 deemed PIOs Mr.Subhash Chandra,
and Mr. Virender Singh Assistant Sanitation Inspectors are 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 deemed PIOs actions attract the penal provisions of Section 20 (1). A
showcause notice is being issued to them, and they are directed give their reasons to the
Commission to show cause why penalty should not be levied on them.
They will present themselves before the Commission at the above address on 15 January 2010 at
02.30pm alongwith their written submissions showing cause why penalty should not be imposed
on them as mandated under Section 20 (1).
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 cost as per Section 7(6) of
RTI Ac.
Shailesh Gandhi
Information Commissioner
17 December 2009
(In any correspondence on this decision, mentioned the complete decision number.)
k.j.