CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000797/12615
Appeal No. CIC/SG/A/2011/000797
Relevant Facts
emerging from the Appeal:
Appellant : Mr. M. K. Bhatnagar
1/1626, Mansarover Park,
Delhi- 110032.
Respondent : Mr. V. K. Bhatia
Public Information Officer & SE-II,
Municipal Corporation of Delhi,
O/o the Superintending Engineer (Bldg)-II,
Shahdara (North) Zone, Near Keshav Chowk,
Shahdara, Delhi.
RTI application filed on : 02/12/2010
PIO replied : 20/01/2011
First appeal filed on : 02/02/2011
First Appellate Authority order : Not mentioned.
Second Appeal received on : 23/03/2011
Notice of Hearing sent on : 28/04/2011
Hearing held on : 31/05/2011
Information sought by the appellant:
1. Whether the construction presently carried out a 1/1625, Mansarover Park, Shahdara, Delhi-110032 is
according to approved site plan of M.C.D.?
2. If yes, then supply the copies of approved site plan regarding property No. 1 / 1625, Mansarover Park,
Shahdara, Delhi – 110032.
PIO Reply:
The above property is constructed after sanction building plan.
You can see the plan at working hour among 10 days. It is third party information.
Grounds of the First Appeal:
Provided information is unsatisfactory, incorrect and incomplete, inaccurate and irrelevant.
Order of the FAA:
FAA Order not mentioned.
Ground of the Second Appeal:
Provided information is irrelevant, incorrect & incomplete.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. M. K. Bhatnagar;
Respondent: Mr. V. K. Bhatia, Public Information Officer & SE-II; Mr. Tejvir Singh, EE(B-II) &
Deemed PIO;
Mr. Tejvir Singh, EE(B-II) states that the construction watch register is not being maintained. As
per directions given by Municipal Commissioner a construction watch register has to be maintained by all
JEs and AEs, EEs and SEs are supposed to check these. It is apparent that this is not being done so that
collusion with unauthorized construction is easy. The EE(B-II) Mr. Tejvir Singh states that the Shahdara
North Zone Buildign-II Division should have 16 JEs and 08 AEs but has only 03 JEs and 01 AE. He states
that because of this position they are not able to discharge all the duties which are required of them. The
Appellant has produced a copy of the FAA’s order issued on 29/04/2011 in which it has been stated “the
PIO is directed to provide the complete information alongwith site plan free of cost, to the Appellant
within a period of 10 days from the issue of this letter.”
The deemed PIO whose assistance has been sought by the PIO after the order of the FAA is Mr. Tejvir
Singh, EE(B-II).
Decision:
The appeal is allowed.
The PIO is directed to provide the copy of the plan sought by the Appellant at
query-2 to him before 05 June 2011.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIO Mr. Tejvir Singh, EE(B-II) within 30 days as required by the law.
From the facts before the Commission it appears that the deemed 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.
Mr. Tejvir Singh, EE(B-II) will present himself before the Commission at the above address on
24 June 2011 at 11.00am alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1). He will also submit proof of having given the
information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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
31 May 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)