CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003291/10831
Appeal No. CIC/SG/A/2010/003291
Relevant Facts
emerging from the Appeal
Appellant : Mr. Chirag Saini,
4447, Arya Pura,
Sabzi Mandi, Ghanta Ghar,
Delhi-110007
Respondent : Mr. Arun Kumar
Public Information Officer & Superintending Engineer
Municipal Corporation of Delhi
Office of Superintendent Engineer,
Shahdara South zone,
Zonal Office Building, IIIrd Floor,
Karkardooma, Delhi-110092
RTI application filed on : 10/09/2010
PIO replied : Not Replied
First appeal filed on : 15/10/2010
First Appellate Authority order : 12/11/2010
Second Appeal received on : 23/11/2010
Information Sought:
The appellant sought information regarding Mr. Jaipal Jai in Shahdara South-Zone. The queries are:
1. Provide with the tenure of Mr. Jaipal Jai working in Shahdara South-Zone. Also mention the
departments and the time-period spent in the departments by Mr. Jaipal.
2. Specify the name of the peon working for Mr. Jaipal since he started working in Building
Department.
3. Specify the work done by Mr. Jaipal in the Building Department. Also mention the number of
illegal constructions destroyed by Mr. Jaipal in his tenure in Building Department. Mention the
names, date and other details with this regard.
4. Specify the illegal construction destroyed by Mr. Jaipal under his area and also mention whether
the construction taking place presently is under the site-maps or not.
5. Inform the number of constructions that were near the site-maps and the percentage of the same
for the construction still not occurred.
6. Specify the site-maps and the percent of the distance of construction from site-maps for the
mentioned areas in the RTI Application.
7. Inform whether such constructions are near the site-maps. If they are not, then the reason behind
not destroying these illegal construction by Mr. Jaipal.
Reply of PIO:
Not Replied.
First Appeal:
No information provided by PIO.
Order of the FAA:
The AE(B) has been directed to provide the information to the Appellant.
Ground of the Second Appeal:
No information provided by PIO and FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Chirag Saini;
Respondent : Mr. J. P. Verma, EE(B) on behalf of Mr. Arun Kumar, PIO & SE;
The Respondent admits that he gave part of the information on 08/11/2010 during the hearing of
the FAA. The balance information was provided to the Appellant on 19/11/2010. The Respondent states
that
Decision:
The Appeal is allowed.
The information has been provided to the Appellant.
The issue before the Commission is of not supplying the complete, required information by the PIO
Mr. Arun Kumar within 30 days as required by the law.
From the facts before the Commission it appears 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.
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.
Mr. Arun Kumar, PIO & SE will present himself before the Commission at the above address on
18 January 2011 at 11.30am 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
07 January 2011
(In any correspondence on this decision, mention the complete decision number.) (PBR)