CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/000071/11498
Appeal No. CIC/SG/A/2011/000071
Relevant Facts
emerging from the Appeal
Appellant : Mr. Dalip Singh Yadav
RZ 23E/6B Gali No. 17/10
Indra Park, Delhi-110045
Respondent : Mr. Dalip Singh
PIO & Assistant Commissioner
Municipal Corporation of Delhi
Nazafgarh Zone, Over Head Water Tank,
Zonal Building, Nazafgarh, Delhi
RTI application filed on : 24/06/2010
PIO replied : 15/07/2010
First appeal filed on : 17/07/2010
First Appellate Authority order : 29/09/2010
Second Appeal received on : 06/01/2011
S.No. Information sought by the appellant Reply of the PIO
1. Specify who is responsible for cleaning SW pipeline Has been cleaned
2. Specify why surprise visit may not exercise to check JE staff Not related to the department
Manglapuri who play cards
3. Specify why JE staff refuses to acknowledge that complaint was Same as above
submitted to them.
First Appeal:
Reply was unsatisfactory.
Order of the FAA:
“PIO/SE/NGZ is warned to be careful in future and transfer the aforesaid RTI application to the
concerned department within 5 days and directed to give reply within 10 days. A copy of the RTI has
been provided to PIO/AC/NGZ for providing specific information to the appellant.”
Ground of the Second Appeal:
Reply was unsatisfactory.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Dalip Singh Yadav;
Respondent : Mr. Ved Prakash, AO on behalf of Mr. Dalip Singh, PIO & Assistant Commissioner;
Mr. Ved Prakash states that the First Appellate Authority Mr. D. P. Ture Dy. Commissioner
(Najafgarh Zone) passed an order directing PIO/AC Najafgarh Zone to provide the information
without any application of mind. After the order of the FAA the Appellant has not been informed who
is responsible for the cleaning of the sewage line. Only the first query of the appellant seeks
information as defined under Section 2(f) of the RTI Act. Query-2 & 3 cannot be any matter of record.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information to query-1 giving the name and
designation of the officer responsible for the cleaning of the sewage for ward no. 146 to
the Appellant before 30 March 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO AC (Najafgarh) and SE (Najafgarh) within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIOs 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 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.
PIO AC (Najafgarh) and SE (Najafgarh) will present themselves before the Commission at the
above address on 05 April 2011 at 11.00AM 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.
It also appears that they persistently refused to give the information inspite of repeated reminders to
the respondent hence the Commission is also considering recommending disciplinary actions under
Section 20(2) against them.
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
16 March 2011
(In any correspondence on this decision, mention the complete decision number.) (AP)
CC:
To,.
PIO/SE (Najafgarh) through Mr. Dalip Singh, PIO& AC;