CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/000494/7374
Appeal No. CIC/SG/A/2010/000494
Relevant Facts
emerging from the Appeal
Appellant : Ms. Kamini,
H. No. 14-B, A-2B,
M.I.G. DDA Flats, Paschim Vihar,
New Delhi – 110063
Respondent : Mr. V. R. Bandal
Public Information Officer &
SE-I(West Zone),
Municipal Corporation of Delhi
Vishal Enclave, Rajouri Garden,
New Delhi – 110027
RTI application filed on : 08/12/2009
PIO replied : Transferred on 24/12/2009
First appeal filed on : 29/01/2010
First Appellate Authority order : No Order
Second Appeal received on : 22/02/2010
Date of Notice of Hearing : 12/03/2010
Hearing held on : 07/04/2010
Information sought:
Regarding the following complaints filed by the Applicant’s mother, Smt. Sawitri Gulyani,
in the office of DC, West Zone, MCD – Action taken so far, current status, and if no action
taken, then reason for the same.
Complaint number Date of lodging the complaint
101 77/P 05/01/2009
10856/P 27/01/2009
7037/P 11/11/2009
7038/P 11/11/2009
11641 13/04/2009
11640 13/04/2009
15667 11/11/2009
15670/APRO/HQ 11/11/2009
Reply of PIO:
No reply.
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RTI transferred by AC/WZ to SE-I/WZ vide letter dated 24/12/2009.
Grounds for First Appeal:
No information provided.
Order of the First Appellate Authority:
No order.
Grounds for Second Appeal:
No information provided.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Ms. Kamini;
Respondent: Mr. V. R. Bansal, Public Information Officer & SE-I(West Zone);
The first appeal has been filed on 29/01/2010. The PIO informs that Commission
that the FAA Mr. Prashant Lokhande, Dy. Commissioner (West Zone) has passed an order
on 25/03/2010 stating that the information should be provided within one week.
The First Appellate Authority Mr. Prashant Lokhande, Dy. Commissioner (West Zone)
appears to be guilty of dereliction of duty since he does not appear to have passed any
order in the matter within the time mandated in the RTI Act. The First Appellate Authority
Mr. Prashant Lokhande, Dy. Commissioner (West Zone) is directed to send his explanation
to the Commission before 20 April 2010, why the Commission should not recommend
disciplinary action against him for dereliction of duty.
The PIO admits that information was not sent to the Appellant so far and he has brought
the information and given it to the Appellant before the Commission. The information
provided is that, “no action has been taken on the complaint made by the Appellant”. The
PIO admits that the RTI application after transfer was received at his officer on
30/12/2009. He had sought the assistance of Mr. K. K. Sharma, EE(B) under Section 5(4)
of the RTI Act on 31/12/2009. Mr. Sharma was Executive Engineer until 02/02/2010 after
which Mr. R. K. Saroha was Executive Engineer until 05/04/2010 who also has been
transferred.
The Appellant points out that the information given to her does not given reasons for not
taking any action on the complaints. The Commission directs the PIO to provide reasons if
any on records.
Decision:
The appeal is allowed.
The information has been provided.
The issue before the Commission is of not supplying the complete, required
information by the deemed PIOs Mr. K. K. Sharma, EE(B) and Mr. R. K. Saroha
EE(B) within 30 days as required by the law.
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From the facts before the Commission it is apparent that the deemed 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 deemed 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.
Mr. K. K. Sharma, EE(B) and Mr. R. K. Saroha EE(B)will present themselves before the
Commission at the above address on 12 May 2010 at 03.30pm alongwith their written
submissions showing cause why penalty should not be imposed on them as mandated
under Section 20 (1). They will also submit proof of having given the information to the
appellant.
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.
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 April 2010
(In any correspondence on this decision, mention the complete decision number.) (AS)
CC:
To,
1- First Appellate Authority Mr. Prashant Lokhande, Dy. Commissioner (West
Zone) through Mr. V. R. Bansal, Public Information Officer & SE-I(West
Zone);
2- Mr. K. K. Sharma, EE(B) and Mr. R. K. Saroha EE(B) through Mr. V. R.
Bansal, Public Information Officer & SE-I(West Zone);
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