CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor, Block IV,
Old JNU Campus, New Delhi - 110 066.
Tel.: + 9111 26161796
Decision No. CIC/WB/A/2007/01036/SG/00170
Appeal No. CIC/WB/A/2007/01036
Relevant Facts
emerging from the Appeal
Appellant : Mr. Kuldeep Singh Tomer
H. No. 224, Shahpur Jat
New Delhi – 110049
Respondent 1 : Sh. S.K. Jha
Deputy Commissioner (South Zone) &
Public Information Officer under RTI Act
2005
Municipal Corporation of Delhi
Green Park, New Delhi – 110016
Respondent 2 : Sh. Naresh Kumar
Addl. Commissioner (Eng.)
Municipal Corporation of Delhi
Town Hall, New Delhi – 110006
RTI filed on : 07/05/2007
PIO replied : 23/05/2007
First appeal filed on : 04/06/2007
First Appellate Authority order : not mentioned
Second Appeal filed on : 29/08/2007
Detail of information required:
S.No. Information Sought. The PIO replied.
1. A-4, Green Park main, New Delhi- Applicant be advised to approach before
unauthorized construction therein-Action Control Room, Town Hall, Delhi-06, to
taken report of complaint No. 9506, 386 whom he made the complaint.
and 901 made to Control Room, town
Hall in this respect.
2. Action taken report on complaint no. 926, As replied above.
1125, 1126, 1116, and 1117 in respect of
unauthorized construction & in various
properties in Vihar, Malviya Nagar, New
Delhi.
3. Action taken report on complaint No. As replied above.
11481 dt. 06/03/07 made to Central
Room, Town Hall, Delhi.
4. Action taken report on complaint no. As replied above.
8983 dt. 06/03/07 made to control room.
Town Hall.
The First Appellate Authority ordered:
Not mentioned.
Relevant Facts emerging during Hearing
The following were present
Appellant : Mr Deepak Sherwat on behalf Mr. Kuldeep Singh Tomer
Respondent : Mr. Vijay Pal Singh asst. eng. On behalf of Mr. S.K. Jha PIO
The respondent admits that the reply sent on 23/05/007 was clearly wrong. He has produced a
reply which he claims was sent on 24/01/2008. This reply is being given to the appellant.
Decision:
The appeal is allowed.
It is apparent that the PIO has without any reasonable cause not supplied the information to
the appellant. It is regretful that the First appellate authority has also failed to do his duty.
The issue before the Commission is of not supplying the information by the PIO within
30 days as required by the law.
It also appears that the First appellate authority has not discharged his duty.
From the facts before the Commission it is apparent that the PIO Mr. S.K.Jha, 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 to present himself before 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 27 November, 2008 at 3.00 pm alongwith his
written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He shall also produce evidence of having furnished the information to
appellant. The deemed PIO EE (B) from whom the PIO had sought the information will also
be directed to present himself before the Commission and show cause why penalty should not
be levied on him as per the provisions of Section 20 (1).
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
06th November, 2008