CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2009/000189/2338
Appeal No. CIC/ SG/A/2009/000189
Relevant Facts
emerging from the Appeal:
Appellant : Mr. A.N. Prasad,
A-311, Meera Bagh,
New Delhi-110087.
Respondent : The Dy. Director (Hort.) & PIO
Municipal Corporation of Delhi
(Horticulture Department HQ)
Tourist Camp Site: J.L.N. Marg,
New Delhi-110002.
RTI application filed on : 04/01/2008
PIO replied : 28/02/2008
First Appeal filed on : 29/02/2008
First Appellate Authority order : 31/03/2008
Second Complaint filed on : 30/01/2009
S.No. Information Sought PIO's reply
1. Please provide the following details of As regards details of funds
funds(both plan & non-plan) allocated to (both & non-plan) allocated for
the horticulture Deptt. for the said park for the said park, it is informed
the year 2005-06, in a suitable format. that as per records maintained
(a) Amount allocated under each head in this office, the same maybe
during budget estimates and revised treated as ‘NIL’.
estimates for the said year.
(b) Amount actually spent under each
head for said year.
2. Please intimate the Municipal Ward in The park falls in Ward No.191,
which the said park falls. Shahpur Jat.
3. Please give the exact area of the said park. Area of the park is 0.278 acres.
4. Please give the sanctioned strength and As regards the sanctioned
working strength of employees at each strength and working strength,
level from bottom to the level of DC(Zone) the same is not clear. The
employed tin horticulture, in a suitable Applicant is requested to
format. clarify whether the information
required is for whole of the
zone or for this particular park.
However, the basic
information is as under:
(i)DC(Zone), (ii) DDH/SZ,
(iii) ADH/SZ
(iv) SO(H), (v) Supervisor (vi)
Mali
5. Please give the names, contact nos. and As regards the details, the
office addresses of employees/officials (at same is as under:
all levels), who have jurisdiction over the (i) DC(Zone) Sh B.N. Singh,
said park. MCD Zonal Office, Green
Park
(ii) DDH/SZ Sh.Harender
Singh
6. Please provide the duty chart and duty Duty timings of Mali is 9.00
timings for employees/gardeners etc. in a.m. to 5.00 p.m. As regards,
these parks and their geographical and the job, all job relating to
functional job and responsibilities in a maintenance of garden/park.
suitable format.
7. What activities-daily, weekly, monthly, It is informed that the job
quarterly or annual maintenance etc. are includes all job relating to
supposed to be carried out on the said park maintenance of garden/park.
as per rules including watering, weeding
out etc. Which employees are supposed to
carry out these activities?
8. Have these activities been carried out There is no record pertaining
during the past five years i.e. 2003 to 2007. to the activity carried in past.
However, it is informed that
the job relating to maintenance
of garden/park are being
carried out form time to time
in routine manner.
9. Who is the supervisory officer for the said The same is not clear.
park? Is there any prescribed schedule for However, the staff detail is
him/her to inspect the maintenance work? given above. As regards, the
(a) Did he/she inspect the work during the schedule, it is informed that
period mentioned above in point 8, if yes, there is no fixed schedule.
please mention the number of occasions for (a) Not applicable in view of
such inspections. Did he/she find the work above.
satisfactory?
10. Please give the list of all works carried out There is no record pertaining
on the said park during the period as to the activity carried in past.
mentioned in point 8 above. However, it is informed that
the job relating to maintenance
of garden/park are being
carried out from time to time
in routine manner.
11. The appellant want to inspect all works The applicant may contact on
with respect to point 10 above. Please 12.03.08 at 3.00 p.m. in the
indicate the date, time and venue when he office of Dy. Director (Hort.),
should come and inspect the works. At the South Zone, Green Park for
time of inspection, he would also like to inspection/further information.
inspect the records related to these works.
The inspection reports as mentioned in
point 9 above should also be available at
the venue at the time of inspection.
The First Appellate Authority ordered:
The First Appellate Authority ordered that “A hearing of the appeal was fixed for
28.03.2008. The appellant opted not to attend the hearing. Neither the PIO nor any of
his representative attended the hearing. No comments were also furnished. Such a
lackadaisical approach on the part of PIO-Director(Horticulture) is beyond any
justification. He is hereby directed to provide complete point specific information to
the appellant Sh. Prasad within 10 days. A report regarding non-attendance of
anybody from the part of the PIO be also furnished to the undersigned within 7
days”.
Inspite of this the appellant did not receive any communication from the PIO.
Decision:
The appeal is allowed.
The complete information will be sent to the appellant before 16 April, 2009.
The issue before the Commission is of not supplying the complete, required information
by the (Mr. H.C. Chaudhary) PIO within 30 days as required by the law.
It also appears that the First appellate authority’s orders have not been implemented.
From the facts before the Commission it is apparent 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. He has further refused to
obey the orders of his superior officer, which raises a reasonable doubt that the denial of
information may also be malafide. The First Appellate Authority has clearly ordered the
information to be given.
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.
He will give his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1) before 21 April, 2009. He will also submit
proof of having given the information to the appellant.
Shailesh Gandhi
Information Commissioner
23 March, 2009
(In any correspondence on this decision, mentioned the complete decision number.)