CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002716/5997Penalty
Appeal No. CIC/SG/A/2009/002716
SHOWCAUSE HEARING:
Appellant : Mr. Anwar Khan,
House No. 2625, Katra Munir Khan,
Baradri Sher Afgan, Ballimaran,
Delhi - 110006.
Respondent : Mr. K.K.Kaushik
Junior Engineer & Deemed PIO
Municipal Corporation of Delhi,
O/o The Supdt. Engineer,
City Zone Car Parking, Asaf Ali Road,
New Delhi - 110002.
RTI application filed on : 06-08-2009
PIO replied : 19-08-2009-Appeal Transferred.
First appeal filed on : 18-09-2009
First Appellate Authority order : Not replied
Second Appeal received on : 26-10-2009
Date of Notice of Hearing : 06/11/2009
Hearing Held on : 18-12-2009
Information Sought:
The Appellant had sought following information from PIO - MCD, City Zone,
regarding unauthorized construction in the property no. 2661-62, Gali Mandir
Bhuneshwari Devi Baradari, Sher Afgan Ballimaran, Delhi.
1. Demolition notice showing intent of unauthorized construction booked vide UC
file no. 112/V/UZ/95 dated 08.12.1995, UC file No. 17/VI/UC/CZ/96 dted 30-01-
1996 and UC file no. 161/VI/UC/CZ/96 dated 15-04-1996.
2. Also what amounts of unauthorized construction were removed in this property
on 27-02-2003, 30-02-2003 and 17-02-2004 as well as on 11-05-2005.
3. Whether your officials have restored the street which was encroached upon to its
original form, if yes. The document showing such restoration.
The PIO's reply.
The RTI Application had been transferred to the Supdt. Engineer, City Zone, Car
parking, Asaf Ali Road, Delhi - 110002 and no any information had been provided from
the Supdt. Engineer to the appellant after forwarding RTI Application by the PIO.
Ground of the First Appeal:
No information had been provided by the Supdt. Engineer, City Zone, Car
parking to the appellant.
Page no. 1 of 3
Order of the FAA:
No order had been passed by FAA.
Ground of the Second Appeal:
No information had been provided after transferring application and no any order
had been passed by the FAA.
Relevant Facts
emerging during Hearing held on 18 December 2009:
“The following were present:
Appellant : Mr. Anwar Khan;
Respondent : Mr. Ansar Alam, Executive Engineer(B) on behalf of Mr. Sushil Kumar,
Public Information Officer & Superintendent Engineer;
The PIO has given the information on 24/11/2009 to the Appellant and the
demolition has not been sent earlier which has been given to the appellant before the
Commission. The Respondent has given a chart showing the movement of the RTI
application in which it has been shown that the person responsible for the delay was Mr.
K.K. Kaushik, JE (Building) who had received the RTI application and was the holder of
the information. Mr. Kaushik had received the application on 21/08/2009 and gave the
information on 24/11/2009 after a lapse of 84 days.”
Decision dated 18 December 2009:
The Appeal was allowed. The Commission observed that the information has been
provided. The Commission issued a show cause notice to the deemed PIO Mr. K.K.
Kaushik, JE (Building) as the issue before the Commission was of not supplying the
complete, required information by within 30 days as required by the law. He was directed
to present himself before the Commission on 14 January 2010 at 2.30pm alongwith his
written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1).
Relevant facts arising during the show cause hearing on 14 January 2010:
The following persons were present:
Appellant: Absent
Respondent: Mr. KK Kaushik deemed PIO and Junior Engineer;
Mr. Kaushik has submitted his written submission in which he has stated that he
received the RTI Application on 21/08/2009 and he sent a reply on 24/11/2009. He
submits that he is freshly recruited Junior Engineer in the MCD and he was not
acquainted with the office procedure at the relevant point of time to deal with the RTI
Applications. He also states that there is shortage of staff and that he is over burdened
work. He states that these are the reasons for non supply of the information. The deemed
PIO Mr. K.K.Kaushik has not offered any reasonable grounds for not having supplied the
information. In view of this the Commission penalizes Mr. K.K.Kaushik, Junior Engineer
for 84 days of delay at the rate of Rs.250/- per day of delay as per Section 20(1) of the
RTI Act. The Commission imposes a penalty of Rs.250/- X 84 days = Rs. 21000/- on Mr.
K.K.Kaushik.
Decision:
As per the provisions of Section 20 (1), the Commission finds this a fit case for
levying penalty on Mr. K.K.Kaushik, Junior Engineer. Since the delay in providing the
Page no. 2 of 3
correct information has been of 84 days, the Commission is passing an order penalizing
Mr. K.K.Kaushik for Rs. 21,000/-.
The Commissioner, Municipal Corporation of Delhi is directed to recover the
amount of Rs.21,000/- from the salary of Mr. K.K.Kaushik, JE & deemed PIO, and remit
the same by a demand draft or a Banker’s Cheque in the name of the Pay & Accounts
Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary of the Central Information Commission, 2nd Floor,
August Kranti Bhawan, New Delhi – 110066. The amount may be deducted at the rate of
Rs.4200/- every month from the salary of Mr. K.K.Kaushik and remitted before 10th of
each month starting from February 2010 to June 2010. The total amount of Rs.21000 /-
will be remitted by 10th of June, 2010.
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
14 January 2010
(In any correspondence on this decision, mention the complete decision number.) (BK)
1. Commissioner
Municipal Corporation of Delhi
Town Hall, Delhi- 110006
2. Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi – 110066
Page no. 3 of 3