CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002171/9474
Appeal No. CIC/SG/A/2010/002171
Relevant Facts
emerging from the Appeal
Appellant : Mr. Sanjeev Rathore
142, 2nd Floor, New Qutub Road, Near Pull Mithai Sadar
Bazaar, Delhi- 110006
Respondent : Mr. N. K. Gupa
Public Information Officer & Superintending Engineer
Municipal Corporation of Delhi
Room no. 22, Ist floor
Sadar Pahar Ganj Zone
Idgah Road, Delhi
RTI application filed on : 22/04/2010
PIO replied : 15/06/2010
First appeal filed on : 14/06/2010
First Appellate Authority order : 13/07/2010
Second Appeal received on : 30/07/2010
Information sought
1. Number of illegal construction made during 20/04/2009 to 20/04/2010.
2. Name of the owners/builder made illegal construction made in ward no. 76. during 20/04/2009 to
20/04/2010.
3. Action taken on 191, Telibara about illegal construction.
Reply of the Public Information Officer
1. The copy of the action taken u\s 343/344 of the DMC act (i.e. booking of the properties is
enclosed.
2. No prosecution action was taken
3. The property bearing no. 191, Teliwara, New Qutub Road as per record has not been booked u\s
343/344 of the DMC Act. The action against the encroachment will be taken as per provision of
the by the land owing agency.
Grounds for the First Appeal:
Incomplete information furnished by the public information officer.
Order of the First Appellate Authority (FAA):
The FAA authority was satisfied by the reply furnished by the PIO.
Grounds for the Second Appeal:
Incomplete and unsatisfactory reply furnished by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Sanjeev Rathore;
Respondent: Mr. N. K. Gupa, Public Information Officer & Superintending Engineer;
The PIO states the RTI was received on 29/04/2010. The information should have been sent before
29/05/2010. Instead the information was sent on 15/06/2010. The appellant states that the enclosures of
answer to query-1; – list of properties against which action under DMC Act Section 343/344 was taken;-
has not been provided. The PIO is directed to send this list to the appellant. The PIO states that he had
sought the assistance under Section 5(4) of Mr. S R. Lakhan, EE to provide the information.
Decision:
The Appeal is allowed.
The PIO is directed to send the list which was not sent earlier to the appellant before
30 September 2010.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIO Mr. S R. Lakhan, EE within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed 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. It appears that the deemed 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.
Mr. S R. Lakhan, EE will present himself before the Commission at the above address on 04 November
2010 at 11.30am 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
23 September 2010
(For any further correspondence on this matter, please mention the file number quoted above.) (VK)
CC:
To,
Mr. S R. Lakhan, EE through Mr. N. K. Gupta, PIO & SE;