CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000050/11478
Appeal No. CIC/SG/A/2011/000050
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Sharad Mohan
D-316 Defence Colony
New Delhi-110024
Respondent : Public Information Officer(Health) City Zone,
Municipal Corporation of Delhi,
Zonal Building, MLUG Car Parking,
Asaf Ali Road, New Delhi-110002
RTI application filed on : 16/09/2010
PIO replied : No reply
First appeal filed on : 20/10/2010
First Appellate Authority order : 13/12/2010
Second Appeal received on : 03/01/2011
Information Sought :
The applicant is the owner of the shop bearing MCD No. 2277 situated at H.C. Sen Road, Kauria pul,
Delhi-110006. Following information are sought :
1. Photocopy of the entire file i.e the application forms, all affidavits submitted, certificates and
all documents accompanied with the application form for applying of license / permission for
obtaining MCD trade license in the applicant’s property.
2. Inform the suitable time and date in advance for the applicant to come and inspect the trade and
licensing file of the above mentioned property in your office.
PIO’s reply :
Not replied.
Grounds for first appeal:
No information received from PIO within the stipulated time period as per the RTI Act.
The First Appellate Authority ordered:
“PIO (DHO) has issued a Show Cause Notice to the present occupier of the shops M/s Suresh Chand
& Rati Ram and the reply to this Show Cause Notice has also been received. It appears that the
occupier of the shops has not given the proper reply. He may be instructed to provide the correct and
logical information as sought through Show Cause Notice, failing which action to seal the Dhaba as
per law will be taken against him. Nevertheless the issue of providing the information to the applicant
still remains. The PIO is directed to make all out efforts to trace the file within a reasonable time
period of 10 days failing which further Administrative action for fixing responsibility for loosing the
file will be initiated against the concerned who was suppose to keep the custody of the file.”
Grounds for second appeal:
Despite a firm order being passed by the FAA, it was not complied with by the PIO, instead the PIO
tampered with the official MCD file of the applicant’s property.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Sharad Mohan
Respondent: Absent;
The Appellant states that he has been given a photocopy of the part of the file on 22/10/2010 as
per the order of the FAA. However, whereas the original file is for the period 1990 onwards he has
been given part of the file for the period 2003 onwards. Thus only partial information has been
provided to the Appellant.
Decision:
The appeal is allowed.
The PIO is directed to provide the part of the file from 1990 to 2003 to the
Appellant before 30 March 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
From the facts before the Commission it appears 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. 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 present himself before the Commission at the above address on 01 April 2011 at 02.30pm
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.
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.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
15 March 2011
(In any correspondence on this decision, mention the complete decision number). (su)