CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001249/5955
Complaint No. CIC/SG/C/2009/001249
Relevant Facts
emerging from the Complaint:
Complainant : Mr. Praveen Kumar Sharma(Talwar),
R/o WZ – 428, IIIrd Floor,
Narayna Village, New Delhi – 110028.
Respondent : Mr. Kaptan Singh
APIO & Sanitation Superintendent
Municipal Corporation of Delhi,
O/o The Dy. Commissioner,
Karol Bagh Zone, Anand Parbat,
New Delhi.
RTI application filed on : 13-07-2009
PIO replied : Not replied
First appeal filed on : Not filed
Complaint received on : 27-08-2009
Date of Notice of Hearing : 04/11/2009
Hearing Held on : 16-12-2009
Information Sought:
The Appellant had sought following information from PIO – MCD, KBZ, Delhi
regarding information of ward no. 94 about the sanitation department of the MCD to plan their
work for cleanness.
1. Please provide names, addresses and phone numbers of the AG, ASI, SI and SS those
working in the sanitation department, MCD in ward No. 94, Prem Nagar area.
2. Please provide total attendance copy of last 6 months those employees wording in the
said department and area.
3. Where all daily basis and regular cleaning employees are working in ward no. 94 Prem
Nagar. Please provide their names, addresses.
4. Please provide daily basis employee’s master roll copy those working in ward No. 94.
Prem Nagar.
5. How many employees are appointed as cleaners last 5 yrs. in Prem Nagar, ward No. 94,
and in which order. Provide orders copy.
6. How many employees are appointed as cleaners last 6 months in Prem Nagar, ward No,
94, and how many are available presently.
The PIO’s reply.
Not replied.
Note:- The information had been supplied by the PIO after Commission notice dt. 02-09-2009
and replied letter dt. 17-09-2009 to the complainant. A copy had been received by the
Commission dt. 03-10-2009 (letter dated 17-09-2009).
Ground of the First Appeal:
Not filed.
Ground of the Complaint:
No information had been provided by the PIO to the complainant
Relevant Facts emerging during Hearing:
The following were present:
Complainant : Absent;
Respondent : Mr. Kaptan Singh, APIO & Sanitation Superintendent;
The Respondent has submitted his explanation on 18/11/2009. The Respondent states that
he had sent the letter by speed post no. ED3039192944IN dated 18/08/2009 asking for additional
fees to be paid. This demand for additional fee was not justified. The PIO could not have
demanded fees once 30 days had passed. Inspite of the Commission’s notice on 02/09/2009 the
PIO did not send the information but again asked the Complainant to pay the additional fee for
supplying 148 pages of information. This was completely unjustified.
Decision:
The Complaint is allowed.
The PIO is directed to send the information free of cost to the Complainant before
30 December 2009.
The issue before the Commission is of not supplying the complete, required information by
the APIO Mr. Kaptan Singh, Sanitation Superintendent within 30 days as required by the law.
From the facts before the Commission it is apparent that the APIO 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.
It appears that the APIO’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 present himself before the Commission at the above address on 12 January 2010 at
12.30pm alongwith his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1). He will also submit proof of having given the
information to the appellant.
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 December 2009
(In any correspondence on this decision, mention the complete decision number.) (BK)