CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002248/15068
Appeal No. CIC/SG/A/2011/002248
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Deep Chand,
House No. 10825 & 10826,
Manak Pura, Gali Phool Wali,
New Delhi - 110005.
Ph - 9899789489
Respondent : Mr. R. S. Kataria
PIO & Dy. A&C
Municipal Corporation of Delhi,
House Tax Deptt. ,
Sadar Pahar Ganj Zone,
Idgah Road, Delhi - 110006.
RTI application filed on : 21/02/2011
PIO replied : Not Given
First appeal filed on : 07/04/2011
First Appellate Authority order : 07/06/2011
Second Appeal received on : 17/08/2011
Information sought
1. Provide the copy of complete file, including noting side, for their property:- House no. 10825 &
10826, Manak Pura, Gali Phool Wali, New Delhi.
2. Provide the copies of all the survey reports pertaining to above property.
PIO response:-
No information was provided to the appellant
Grounds for the First Appeal:
No information was given by the PIO.
Order of the First Appellate Authority (FAA):
The RTI was forwarded to PIO A&C/ SPZ on 23/02/2011, but no reply has been provided to
applicant so far. Concerned deemed PIO is directed to provide the requisite information to appellant within
10 working days as available on record under the provision of RTI Act.
Grounds for the Second Appeal:
No information received despite order of the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Deep Chand;
Respondent: Mr. R. S. Kataria, PIO & Dy. A&C; Mr. Tej Ram, UDC/AZI & Deemed PIO;
The PIO admits that no information was provided to the Appellant. He has now brought information
dated 03/10/2011 and has given it to the Appellant before the Commission. As regards query-1 which is
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regarding the Assessment file of the said property. The respondent states that he is not sure whether any file
has been made in this regard. It is shameful that for the RTI application filed on 21/02/2011 after 08 months
the department states it does not know whether the file was made or whether it has been stolen/lost. It is
clear that no information or reply was sent to the Appellant in 08 months.
The respondent states that the then PIO was Mrs. Sunita Chandra and the Deemed PIO then was Mr. Tej
Ram, UDC/AZI to whom the RTI application was given on 01/03/2011. He also states that the first appeal
was also marked to Mr. Tej Ram on 19/04/2011.
Decision:
The Appeal is allowed.
The Commission directs Mr. R. S. Kataria to file a police complaint for the theft/loss
of the said file naming the officers who last handled the file, and provide a copy of the police
complaint to the Appellant before 10 November 2011.
The issue before the Commission is of not supplying the complete, required information by the
then PIO Mrs. Sunita Chandra and the Deemed PIO then Mr. Tej Ram, UDC/AZI within 30 days as
required by the law.
From the facts before the Commission it is apparent that the then PIO Mrs. Sunita Chandra and the Deemed
PIO then Mr. Tej Ram, UDC/AZI 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.
The then PIO Mrs. Sunita Chandra and the Deemed PIO then Mr. Tej Ram, UDC/AZI will present
themselves before the Commission at the above address on 07 November 2011 at 12.30PM alongwith
their written submissions showing cause why penalty should not be imposed on them as mandated under
Section 20 (1). They will also bring the information sent to the appellant as per this decision and
submit speed post receipt as proof of having sent 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. If no other responsible persons are brought by the persons asked to showcause
hearing, it will be presumed that they are the responsible persons.
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
07 October 2011
(In any correspondence on this decision, mention the complete decision number.)(GS)
Copy through Mr. R. S. Kataria, PIO & Dy. A&C to:
1- The then PIO Mrs. Sunita Chandra;
2- The Deemed PIO then Mr. Tej Ram, UDC/AZI;
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