CENTRAL INFORMATION COMMISSION
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Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001537/8702Adjunct
Appeal No. CIC/SG/A/2010/001537
Relevant Facts
emerging from the Appeal
Appellant : Mr.Premraj
s/o Late Shri Narayan Singh
House Number-10382, First Floor,
Manakpura, Gali Mandir Wali,
Karol Bagh, New Delhi.
Respondent : Mr. N. K. Gupta
Public Information Officer & SE
Municipal Corporation of Delhi
(Sadar-Paharganj Area),
Idgah Road, Paharganj,
New Delhi-110006
RTI application filed on : 18/01/2010
PIO replied : Not replied
First appeal filed on : 09/03/2010
First Appellate Authority order : 23/04/2010
Second Appeal received on : 08/06/2010
Information Sought
The appellant sought information w.r.t. to the Area No. 15, Bagichi Alauddin, Bhultani Dhanda and the
surrounding Sadar- Paharganj area:
1. Copy of the detailed information of list of those who are breaking the law by using their houses for
commercial purposes.
2. When did the Department first receive this information? Details of the action taken against them should be
provided.
3. Details of the rules, regulations and the government laws against such cases. What is the prescribed
punishment for such cases?
4. The appellant wants to personally inspect the date, location and time of the action taken in the above
mentioned cases by the department and seeks a date to do the same.
5. If the officers have taken no action, are they liable to punishment u/s 13(D) and section 217 of the IPC?
6. The officers are responsible for breaking the law, helping those who are breaking the law and for not
following their duties. When will the Vigilance Department look into the matter?
7. When will the action be taken against the officers and when will the use of residence for commercial
purposes be stopped and removed?
PIO’s Reply:
No reply was given by the PIO.
Grounds for the First Appeal:
No reply was given by the PIO.
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Order of the First Appellate Authority (FAA):
Application was forwarded to the SE/SPZ vide no. 8240/AC/SPZ dated 18/01/2010. Therefore the PIO
SE/SPZ was directed to provide the information within 10 days. The appeal was disposed off.
Grounds for the Second Appeal:
Non -Compliance of the FAA’s order.
Relevant Facts emerging during Hearing held on July 26, 2010:
The following were present
Appellant: Mr.Premraj;
Respondent: Mr. N. K. Gupta, PIO & SE;
“The PIO Mr. N. K. Gupta admits that no information has been provided to the appellant. He shows
evidence that he has sought the assistance of Mr. A. K. Singh, EE(B) SP Zone on 20/01/2010. He also shows
that the order of the FAA was sent to him on 26/04/2010 but has not been complied with. Subsequently he
states that Mr. S. R. Lakhan took charge as EE (B) on 03/05/2010. The PIO states that he gave showcause
notices to Mr. Lakhan on 22/06/2010, 12/07/2010, 20/07/2010 and 23/07/2010.
The PIO Mr. N. K. Gupta as SE states that he needs the Commission’s help to get cooperation from him
OI(B). The Commission directs the OI(B) to cooperate Mr. N. K. Gupta.”
Decision dated July 26, 2010:
The Appeal was allowed.
“The PIO Mr. N. K. Gupta to personally see that the information is provided to the
appellant before 20 August 2010.
The issue before the Commission is of not supplying the complete, required information by the deemed
PIOs Mr. A. K. Singh the then EE(B) and Mr. S. R. Lakhan present EE(B) within 30 days as required
by the law.
From the facts before the Commission it is apparent that the deemed PIOs 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.
Mr. A. K. Singh the then EE(B) and Mr. S. R. Lakhan present EE(B) will present themselves before the
Commission at the above address on 31 August 2010 at 11.30pm alongwith their written submissions
showing cause why penalty should not be imposed on them as mandated under Section 20 (1). They 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.”
CC:
To,
Mr. A. K. Singh the then EE(B) and Mr. S. R. Lakhan present EE(B) through Mr. N. K. Gupta, PIO&
SE;
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Relevant facts emerging at show cause hearing held on August 31, 2010:
The following were present:
Appellant: Absent;
Respondent: Mr. A. K. Singh, the then deemed PIO/EE(B), MCD (SPZ) and Mr. S. R. Lakhan, the deemed
PIO/AE(B), MCD (SPZ).
At the hearing held before the Commission on 26/07/2010, Mr. N. K. Gupta, PIO/SE submitted that on receipt
of the RTI application dated 18/01/2010, he sought the assistance of Mr. A. K. Singh, the then deemed
PIO/EE(B). He further stated that the order of the FAA was sent to Mr. A. K. Singh on 26/04/2010 but was
not complied with. Mr. N. K. Gupta also stated that subsequently Mr. S. R. Lakhan took charge as EE(B) on
03/05/2010. Mr. N. K. Gupta further submitted that he gave show cause notices to Mr. S. R. Lakhan on
22/06/2010, 12/07/2010, 20/07/2010 and 23/07/2010. The Commission by its order dated 26/07/2010 directed
the deemed PIOs Mr. A. K. Singh and Mr. S. R Lakhan to appear before the Commission for a show cause
hearing on 31/08/2010.
At the show cause hearing held on 31/08/2010, Mr. A. K. Singh, the then deemed PIO/EE(B) stated that he
did not receive the RTI application dated 18/01/2010 from the PIO/SE. He further stated that he was on
medical leave from 26/04/2010 to 10/05/2010 and therefore, did not receive the order of the FAA.
Subsequently, he was transferred to the post of EE(B), MCD, Shahdara South Zone.
Further, Mr. S. R. Lakhan submitted that at the time the said RTI application was filed, he was neither EE(B),
MCD (SPZ) nor AE (B), MCD (SPZ.). The order of the FAA was also not sent to Mr. S. R. Lakhan. The order
of the FAA was forwarded to Mr. Shailesh Kumar, AE(B) on 03/05/2010 by PIO/SE, which was subsequently
forwarded to Mr. Rajesh Kumar, JE(B) on 06/05/2010. File noting evidencing the aforesaid movement of the
order of the FAA was provided to the Commission. Thereafter, Mr. S. R. Lakhan was ordered to look after the
work of EE(B), MCD (SPZ) on 09/06/2010 in addition to his other duties. On 12/07/2010, Mr. Ajay
Chowdhary was deputed to look after the post of EE(B), MCD (SPZ). Thereafter, Mr. S. R. Lakhan was once
again deputed to look after the work of EE(B), MCD (SPZ) on 15/07/2010. Mr. S. R. Lakhan was informed
about the order of the Commission dated 26/07/2010 on 27/07/2010 and was asked to provide a reply to the
RTI application dated 18/01/2010. Mr. S. R. Lakhan furnished a reply to the said RTI application to the
PIO/SE on 27/07/2010, which was sent to the Appellant on 29/07/2010.
On perusal of the papers, the Commission is of the view that the information provided to the Appellant on the
queries raised in the RTI application dated 18/01/2010 does not appear to be satisfactory. In this regard, Mr. S.
R. Lakhan submitted before the Commission that an inspection may be facilitated wherein the Appellant may
inspect the records relevant to the queries of the RTI application and obtain the complete information sought.
Adjunct Decision:
The Commission hereby directs Mr. N. K. Gupta, PIO/SE to facilitate an inspection wherein the Appellant
shall inspect all the records relevant to the queries in the RTI application dated 18/01/21010 at the office of
the Building Department, MCD (SPZ). Mr. N. K. Gupta, PIO/SE shall ensure that such inspection is
carried out between 9:00 am to 5:30 pm either on September 22, 2010 or September 29, 2010.
Further, in light of the aforesaid, the Commission directs Mr. N. K. Gupta, PIO/SE, Mr. A. K. Singh, the then
deemed PIO/EE(B), Mr. S. R. Lakhan, the deemed PIO/AE(B), Mr. Shailesh Kumar, AE(B) and Mr. Rajesh
Kumar, JE(B) to appear before the Commission on October 18, 2010 at 4:00 pm along with their written
submissions to show cause why penalty should not be imposed on them under Section 20 of the RTI Act.
They are directed to produce before the Commission any relevant document and evidence that they may have
relied on in their written submissions. If there are other persons responsible for the delay in providing the
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information who have not been included in this show cause notice, they are directed to serve this show cause
to them and direct them to appear before the Commission on 18/10/2010 along with them.
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 the RTI Act.
Shailesh Gandhi
Information Commissioner
August 31, 2010
CC: Mr. A. K. Singh, the then deemed PIO/EE(B),
(through Mr. N. K. Gupta, PIO/ SE),
Municipal Corporation of Delhi,
(Sadar-Paharganj Zone), Idgah Road, Paharganj,
New Delhi-110006
Mr. S. R. Lakhan,
Deemed PIO/ AE(B),
Municipal Corporation of Delhi,
(Sadar-Paharganj Zone), Idgah Road, Paharganj,
New Delhi-110006
Mr. Shailesh Kumar, AE(B) and Mr. Rajesh Kumar, JE(B) (through Mr. S. R. Lakhan, the deemed
PIO/AE(B)).
(In any correspondence on this decision, mention the complete decision number.)(SM)
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