CENTRAL INFORMATION COMMISSION
2nd Adjunct
to Appeal No. CIC/WB/A/2007/00709 dated 15-5-2007
Right to Information Act 2005 - Section 19
Appellant: Shri Mahabir Singh.
Respondent: Deputy Commissioner (West Zone) Municipal Corp. of Delhi
(MCD)
ORDER
Our order of 14.8.08 was as follows:
“The concerned PIO was Shri Deepak Hastir, at present Director
(Personnel), MCD. In this case Shri Deepak Hastir the then D.C.
(West Zone) will show cause as to why he should not be held liable
for penalty of Rs. 4,250/- @ Rs. 250/- a day for 17 days (from 23-
12-06 to 8-1-07).He may do this either in writing by 31st July, 08 or
through personal appearance before us on 14-8-2008 at 10.30
a.m.”
Accordingly, we have received a response from Shri Deepak Hastir,
at present Director (P) Central Establishment Department,
Municipal Corporation of Delhi in which he has submitted as
follows:
“It is pertinent to mention here that the information from DHO/WZ
was received only on 5.1.2007, the information from Executive
Engineer (VII) and Executive Engineer (Building) was received in
the office on 5.1.2007 by hand as advance copies, and however,
the information from EE-VII was received in the office on 8.1.2007
(Annexure-D). On the very same day the information was provided
to Shri Mahavir Singh vide this office letter No. 1237/DC/WZ/2006
dated 8.1.2007.
It is pertinent to mention here that perusal of letters bearing No.D-
1623/DC/WZ/2006 dated 28.9.2006, 1642/DC/WZ/2006 dated
4.10.2006, no. DC/WZ/2006/D-1709 dated 26.10.2006, D-
1936/DC/WZ/2007 dated 2.2.2007, D-1939/DC/WZ/2007 dated
2.2.2007, D-1940/DC/WZ/2007 dated 2.2.2007, D-
1990/DC/WZ/2007 dated 26.2.2007 dated D-1971/DC/WZ/2007
dated 20.2.2007 (Annexure -E) issued to all Head of the
Departments directing them to provide the information under Right
to Information Act by stipulated date, failing which disciplinary
action be initiated against them and the penalty so imposed shall
be recoverable from their salaries is indicative of a system which1
was placed by the undersigned to ensure the implementation of the
Act in letter and spirit.
In view of the above, it clearly reflects that there is no delay on the
part of the Public Information Officer and the undersigned had
made all out efforts for obtaining the information from the
concerned departments, however, the delay was on the part of
Executive Engineer (VII) and Deputy health Officer for which the
undersigned had already issued Memo directing them if the
information was not made available within 24 hours, suitable
disciplinary proceedings shall be initiated against them.” The
Executive Engineer in question is Shri Ajay Gautam and Dy. Health
Officer Dr. K. K. Bhalla. These two Officers will, therefore, show
cause as to why they should not be held liable for the delay in
responding to the letter of PIO Dy. Commissioner (West Zone)
of 27.11.06, the reply to which was due at the latest by 27.12.06
but received from both officers only on 5.1.07 by hand, @ Rs.
250/- per day amounting to Rs. 2250/- in each case. They may
do this either in writing by 27.8.08 or by personal appearance
before us on 5.9.08 at 10.00 a.m.”
Accordingly, Dr. K. K. Bhalla, DHO (West) appeared before us on 5.9.08.
He submitted that although he was serving as DHO (West), the information
sought concerned the DHO(South) since the West Zone had not been created at
the time of the information that have been sought which concerned documents of
1962.
The remaining officer Shri Ajay Gautam, Executive Engineer has on the
other hand failed to respond in writing or to appear before us on the due date. It
may be assumed, therefore, that he has no explanation to offer.
We find from the documents on record that Shri Deepak Hastir, then D.C.
(WZ) had issued a memo dated 22.11.06 to the following:
1. Executive Engineer (Bldg) West Zone
2. D.H.O. (West Zone)
3. Executive Engineer-VII
The Memo was clear and cautioned that the explanation of the officers to
whom it was issued had to reach the PIO within 24 hours of the receipt of the2
letter along with the information/report. If, therefore, the DHO (WZ) Dr. K. K.
Bhalla was finding it difficult to access the information, as he has submitted
before us, it was open to him to respond to the memo. As per report of Shri
Deepak Hastir of 28.7.08, this did not happen. As found by then PIO Shri Hastir
therefore, both Officers, cited in the last decision, and identified by PIO are
clearly liable for the delay amounting to Rs. 2250/- in each case.
Addl. Commissioner (Health) is directed to recover these amounts from Dr.
K. K. Bhalla, Dy. Health Officer and Shri Ajay Gautam, Executive Engineer, either
directly or through deduction from the salary of each by 3rd October, 2008. He
will remit the same to Pay & Accounts Officer, Central Administrative Tribunal, C-
1, Hutments, Dalhousie Road, New Delhi-110011 under intimation to Shri Pankaj
Shreyaskar, Deputy Secretary and Joint Registrar of this Commission.
With this the appeal now stands closed. Notice of this decision be given
free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
5.9.2008
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of
this Commission.
(Pankaj K.P. Shreyaskar)
Joint Registrar
5.9.2008
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