CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001789/8946
Appeal No. CIC/SG/A/2010/001789
Relevant Facts
emerging from the Appeal
Appellant : Shri. Harish Kumar
628/3, Shivaji Road, Pul Mithai,
Delhi- 110006
Mobile No. 9811178002
Respondent : Mr. Rajendra Sharma
Public Information Officer & Administrative Officer
Central Establishment Department,
Municipal Corporation of Delhi
Town Hall, Delhi- 110006
RTI application filed on : 25/11/2009
PIO replied : 23/12/2009
First appeal filed on : 28/01/2010
First Appellate Authority order : 25/02/2010
Second Appeal received on : 29/06/2010
Information Sought:
The queries of the Appellant pertained to information on particulars of all persons appointed on the panel
of the MCD from 01/04/2008 to 31/03/2009 and from 01/04/2009 till the date of the RTI application.
Reply of the Public Information Officer (PIO):
The PIO provided the requisite information to each of the queries raised by the Appellant. The Appellant
was also informed that the request for information in relation to query 7 was forwarded to the Central
Establishment Department (“CED”), MCD on 09/12/2009. The response in relation to query 7 was
provided to the Appellant on 19/01/2010.
Grounds for the First Appeal:
The reply of the PIO of the CED, MCD was found to be unsatisfactory.
Order of the First Appellate Authority (FAA):
The PIO of CED, MCD was directed to provide complete information to the Appellant within 30 working
days from the date of the order.
Grounds for the Second Appeal:
Non- compliance of the order of the FAA.
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Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Harish Kumar;
Respondent: Mr. Rajendra Sharma, Public Information Officer & Administrative Officer; Mr. Gajendra
Kumar Singh, UDC;
The PIO has not given any information after the order of the FAA. The then PIO/DLO Mr.
Ravinder Kumar appears to be defying the order of the FAA Mr. Deepak Hastir, Director Personal.
Decision:
The Appeal is allowed.
The present PIO is directed to give the information to the appellant before
30 August 2010.
The issue before the Commission is of not supplying the complete, required information by the then
PIO/DLO Mr. Ravinder Kumar within 30 days as required by the law.
From the facts before the Commission it is apparent that the then 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 then 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.
The then PIO/DLO Mr. Ravinder Kumar will present himself before the Commission at the above address
on 21 September 2010 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 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
13 August 2010
(In any correspondence on this decision, mention the complete decision number.)(ND)
CC:
To,
Then PIO/DLO Mr. Ravinder Kumar through Mr. Rajendra Sharma, Public Information
Officer & Administrative Officer;
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