CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/002346/9618
Appeal No. CIC/SG/A/2010/002346
Relevant Facts
emerging from the Appeal
Appellant : Mr. Jagdish Kalra
68, Edward Lane, Kingsway Camp,
Delhi – 110009.
Respondent : Mr. K. Saambhamurti
Public Information Officer & SSW-I
Govt. of NCT of Delhi
Irrigation and Flood Control Department
4th Floor, ISBT Building, Kashmere Gate,
Delhi - 110006.
RTI application filed on : 06/05/2010
PIO replied : 09/06/2010
First appeal filed on : 18/06/2010
First Appellate Authority order : 16/07/2010
Second Appeal received on : 20/08/2010
Sl. Information Sought Reply of the PIO
1. Name and designation of the officer who kept Did not come under Section 2(f) of the RTI Act.
pending the hearing of the Appeal dated
27/08/2009.
2. Details of action taken by the Chief Engineer, As above.
Zone I on the reminder letter dated 16/12/2009
and name and designation of the officer who kept
pending the hearing of the Appeal dated
27/08/2009 for 3 months.
3. Reason for not providing certified documents in In pursuant to the FAA’s order dated 16/03/2010, a
regard to ID No. 03-CD-II which was directed to letter to EE-II had already been sent to vide the
be given to the Appellant by the order dated office letter no. 6676-77 dated 06/04/2010 with a
12/03/2010 along with name and designation of direction to show cause as to why the attested
the officer. Certified copy of daily action taken copies of the relevant documents had not been
report in this regard. provided to the Appellant. The EE-II vise his letter
3.1 Number of officer who found to be guilty in No. 2036 dated 07/04/2010 had requested the
this regard and details of penalty imposed on Appellant to provided the information given by the
them. Department so that the same can be certified after
verifying the same with original records. Copy of
the letter dated 07/04/2010 had been given
(enclosed).
3.1 as above.
First Appeal:
Incomplete and unsatisfactory information received from the PIO.
Order of the FAA:
The FAA in its order directed the PIO to identify the official responsible for the delay and to submit his
report with action taken at his level within 10 days.
Ground of the Second Appeal:
Non-compliance of the FAA’s order by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Jagdish Kalra
Respondent : Mr. K. Saambhamurti, Public Information Officer & SSW-I;
The First Appellate Authority (FAA) had on 16/07/2010 directed the PIO to send the information
to the appellant before 30 July 2010. The PIO claims to have sent the information but the appellant has not
received it and the PIO has no evidence like speed post receipt to show that the information was sent to
the appellant. The information is given to the appellant before the Commission.
Decision:
The Appeal is allowed.
The information has been provided before the Commission.
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 is apparent 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 19 November 2010 at 03.00pm
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1).
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
05 October 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)