CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002892/10371
Appeal No. CIC/SG/A/2010/002892
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Raj Kumar
H No 1786, Pana, Mamurpur,
Delhi-110040
Respondent : Mr. Govind Singh
Public Information Officer & Dy. Secretary
Land & Building Deptt,
Govt. of NCT of Delhi,
Administrative Branch, B- Block,
Vikas Bhawan, Delhi-110002
RTI application filed on : 25/05/2010
PIO replied : 14/06/2010
First appeal filed on : 07/07/2010
First Appellate Authority order : 14/07/2010
Second Appeal received on : 11/10/2010
Information Sought
1. Furnish number of staff in Land and Building Deptt/ under all categories.
2. How much were annual income of all staff.
3. How much was income tax paid by them?
4. How much had they property?
5. What were their duty, which vehicles they had?
Reply of the Public Information Officer (PIO)
In first paragraph of reply, the appellant was asked to inspect the records if he was unsatisfied and other
information might be received by depositing fixed amount.
Query no.1. Class A-06
Class B-20
Class C-105
Class D-38
Total= 169
From Query no. 02 to 05: The information sought on point no. 2 to 5 is personal information which comes
under rule 8(j) of RTI Act, may not be provided.
Grounds for the First Appeal:
Unsatisfactory information.
Order of the First Appellate Authority:
“1. PIO/Dy. Secretary (Admn.) Sh. Govind Singh was present.
3. Case called. The P10/Dy. Secretary (Admn.) is directed that requisite information to be given within 45
days as per the information asked by the appellant.
.4. The applicability of section 8(j) is ruled out in this case.”
Grounds for the Second Appeal:
Appropriate information was not provided.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Raj Kumar;
Respondent: Mr. Govind Singh, Public Information Officer & Dy. Secretary;
The PIO states that after the order of the FAA ordering him to give the information he sent a letter
to the Appellant on 26/08/2010 to collect the information after paying the additional fees. Section 7(6) of
the RTI Act clearly states that once the time period mandated under the RTI Act for providing the
information is over information has to be provided free of cost to the applicants. The PIO made a gross
error of asking the Appellant to pay the additional fees.
Decision:
The Appeal is allowed.
The PIO has brought the information about 101 employees for which information is
available on the records. This is being given to the appellant in front of the Commission.
The PIO states that there are 169 employees. The Commission directs the PIO to provide
the information about the total salaries and assets about the balance 68 employees and send
it to the appellant before 25 December 2010.
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 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 present himself before the Commission at the above address on 07 January 2011 at 12.00pm
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). 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.
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
08 December 2010
(In any correspondence on this decision, mention the complete decision number.)(Rnj)