CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001141/7678
Appeal No. CIC/SG/A/2010/001141
Relevant Facts
emerging from the Appeal
Appellant : Mr. H.D. Joshi
NIA House,
A/5 Community Centre,
Nariana Industrial
Area, Phase -II, New Delhi-
110028
Respondent : Public Information Officer
O/o the Assistant Commissioner
Municipal Corporation of Delhi
Karol Bagh Zone, Near
Khalsa College,
Anand Parvat, Karol Bagh, Delhi-110005.
Public Information Officer & SE
Municipal Corporation of Delhi
Karol Bagh Zone, Near Khalsa
College,
Anand Parvat, Karol Bagh,
Delhi-110005.
RTI application filed on : 01/12/2009
PIO replied : No reply.
First appeal filed on : Not enclosed.
First Appellate Authority order : 08/04/2010
Second Appeal received on : 03/05/2010
Information Sought:
Action taken in the complaint dated 15/08/2008, filed with the S.H.O., Nariana regarding
encroachment in A-75/A-76, Nariana Industrial Area, Phase I by The Nariana Industries
Association.
Public Information Officer’s (PIO) reply:
No reply.
Grounds for the First Appeal:
Page 1 of 3
No Information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA directed the PIOs to remove the encroachment complained of before 15 April
2010 and provide the required information within 7 days thereafter.
Grounds for the Second Appeal:
Non- compliance of the order of the First Appellate Authority.
Decision:
The Commission has perused the documents submitted by the Appellant. The Appellant
filed an RTI Application with the office of the Commissioner, MCD on 01/12/2009. The
Appellant was informed orally that the RTI Application was transferred to the Assistant
Commissioner, Karol Bagh Zone and a reminder was then sent to the Assistant
Commissioner, KBZ on 02/02/2010. The Appellant did not receive any response from the
PIO and he therefore filed a First Appeal. The First Appellate Authority held a hearing in
this matter on 07/04/2010 which was attended by the Appellant, PIO/SE and PIO/AC,
Karol Bagh Zone. In his order dated 08/04/2010, the First Appellate Authority has
recorded that the SE/PIO stated that there was a temporary encroachment which should
be removed by the licensing department and therefore the RTI Application was
transferred to the PIO/AC. The PIO/AC stated that there is a permanent encroachment
and therefore it should be removed by the engineering department. The First Appellate
Authority directed the PIO/AC to make a program for removing the encroachment and to
provide information to the Appellant within a week thereafter. Despite the order of the
First Appellate Authority, till the date of filing of the Second Appeal (28/04/2010), the
Appellant did not receive any information.
The information sought by the Appellant falls within the definition of Section 2(f) of the
RTI Act and no exemption can be claimed to refuse disclosure by the PIO. The
Commission therefore directs the PIO/AC and PIO/SE to provide the complete
information to the Appellant with regard to the action taken on the complaint made
against the encroachment before 31 May 2010.
The Appeal is allowed.
Complete information should be provided to the Appellant before 31 May 2010.
The PIO/AC and PIO/SE, Karol Bagh Zone are directed to submit proof of sending the
information to the Appellant to the Commission on 04 June 2010.
From the facts before the Commission it is apparent that the PIO/AC and PIO/SE, Karol
Bagh Zone are guilty of not furnishing the complete information within the time specified
under sub-section (1) of Section 7. They further refused to obey the orders of their
superior officer, which raises a reasonable doubt that the denial of information may also
be malafide. The First Appellate Authority had clearly ordered the information to be
given. It appears that their actions attract the penal provisions of Section 20 (1). A show
cause notice is being issued to them, and they are directed to give their reasons to the
Commission to show cause why penalty should not be levied on them.
Page 2 of 3
They will present themselves before the Commission at the above address on 04 June
2010 at 11 a.m. along with their written submissions to show cause why penalty should
not be imposed on them as mandated under Section 20 (1).
If there are other persons responsible for the delay in providing the information to the
Appellant and for not complying with the order of the First Appellate Authority, the
PIO/AC and PIO/SE, Karol Bagh Zone are directed to inform such persons of the show
cause hearing on 04 June 2010 and direct them to appear before the Commission on 04
June 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 RTI Act.
Shailesh Gandhi
Information Commissioner
10 May 2010
(In any correspondence on this decision, mention the complete decision number.)
(AG)
Page 3 of 3