CENTRAL INFORMATION COMMISSION
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Old JNU Campus, New Delhi - 110067
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Decision No. CIC/SG/A/2009/002445/5583Penalty
Appeal No. CIC/SG/A/2009/002445
SHOW CAUSE HEARING:
Appellant : Mr. Kaliram Tomar,
1/4196, Ram Nagar, Ext. Loni Road,
Shahdara,
Delhi- 110032
Respondent : Mr. Rahul Verma,
Junior Engineer and Deemed PIO
Municipal Corporation of Delhi,
Shahdara North Zone,
Keshav Chowk, Delhi- 110032.
RTI application filed on : 08/07/2009
PIO replied : No reply.
First appeal filed on : 18/08/2009
First Appellate Authority order : 24/09/2009
Second Appeal received on : 01/10/2009
Date of Notice of Hearing : 13/10/2009
Hearing Held on : 18/11/2009
Information Sought
a) Whether any multi storeyed construction is being carried out at Plot No 1449/AM
23, Durga Puri.
b) Whether the construction plan was sanctioned by the department.
c) Whether the construction being carried out is legal.
d) Whether a case had been registered with the MCD about the illegal structure and
the name and designation of the official responsible for handling the complaint.
e) Whether any complain has been registered with the police against the illegal
construction
f) Whether MCD has a plan to demolish the structure.
Reply of PIO
No reply given by PIO.
First Appeal:
No information provided by PIO.
Order of the FAA:
The FAA directed the PIO to furnish information to the Appellant within a week.
Ground of the Second Appeal:
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Non compliance of orders of FAA. The PIO alleged that no information was provided
even after the FAA's order.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Kaliram Tomar;
Respondent: Mr. Sanjiv Kumar, AE on behalf of Mr. Arun Kumar, PIO & SE-II;
The Respondent claims that he sent the information to the Appellant on
04/09/2009. The Appellant admits that he received this but states that this was false
information. The information provided on 04/09/2009 states that no construction is going
on at the Plot No 1449/AM 23, Durga Puri and no complaint has been received for the
construction at the said site. The Appellant shows that he has attached with his appeal a
photocopy of his complaint dated 05/06/2009 which has been received by DC, SE, EE,
LG and Commissioner MCD (Shahdara North Zone). The Respondent states that the
person responsible for giving false information was Mr. Rahul Verma, JE. It is evident
that the Appellant has complained about an illegal construction of a commercial building
at Plot No 1449/AM 23, Durga Puri and yet no cognigance taken of this by the MCD
officials and hence Mr. Rahul Verma, JE has given false information stating that no
complaint has been received.
Decision dated 18 November 2009:
The Appeal was allowed. Mr. Sanjiv Kumar, AE was directed to inspect the records and
the site and give the correct information to the Appellant before 25 November 2009. The
Commission further issued a show cause notice to the deemed PIO Mr. Rahul Verma, JE,
as the issue before the Commission is of supplying the false information. He was directed
to present himself before the Commission on 16 December 2009 at 3.30pm alongwith his
written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1) of RTI Act.
Relevant Facts emerging during Hearing dated 16 December 2009:
The following were present
Appellant: Absent;
Respondent: Mr. Rahul Verma, Junior Engineer and Deemed PIO;
Mr. Rahul Verma states that he joined on 01/06/2009 and therefore he was very new
when the RTI Application was filed on 09/07/2009 and he was unaware of the procedural
aspects of the RTI Act. According to the Respondent’s submissions the information was
given to the Respondent on 04/09/2009. The information has been supplied in
compliance with the Commission’s order on 24/11/2009. Proof of receiving by the
Appellant has been submitted to the Commission.
Mr. Rahul Verma states that the reasons for giving information late by 25 days was that
he did not know about the liabilities and procedure of Right to Information. He also
apologizes for the delay. No reasonable cause has been advanced by Mr. Rahul Verma
for the delay.
Decision:
The Commission finds this a fit case for levying of penalty under Section 20(1) of
the RTI Act because no reasonable cause has been advanced for the delay in giving
information to the Complainant. Since the delay is of 25 days the Commission imposes a
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Penalty of Rs. 6,250/- on Mr. Rahul Verma, deemed PIO/JE under Section 20(1) of the
RTI Act at the rate of Rs. 250/- per day.
The Commissioner, Municipal Corporation of Delhi, is directed to recover the amount of
Rs. 6,250/- from the salary of Mr. Rahul Verma and remit the same by a demand draft or
a Banker’s Cheque in the name of the Pay & Accounts Officer, CAT, payable at New
Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy
Secretary of the Central Information Commission, 2nd Floor, August Kranti Bhawan,
New Delhi – 110066. The amount of Rs.4000/ shall be deducted from the salary of Mr.
Rahul Verma and remitted before 10 January 2010 and Rs. 2250/- before 10 February
2010.
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.)(RR)
1. Commissioner
Municipal Corporation of Delhi
Town Hall, Delhi- 110006
2. Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi – 110066
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