CENTRAL INFORMATION COMMISSION
Room no.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110 066.
Tel: 91 11 26161796
Decision No.CIC/WB/A/2007/01480/SG/00021
Appeal No.CIC/WB/A/2007/01480
Relevant Facts
emerging from the Appeal
Appellant : Harish Kumar
628 / 3, Shivaji Road, Near Avantibai Lodhi Chowk,
(Pul Mithai), Delhi – 110006
Respondent : Mr. Vijay Singh, Dy. Commissioner & PIO,
City Zone, MCD,Car parking, Jawara Nehru Marg,
Opposite LNJP hospital, New Delhi 110002
RTI filed on : 20.7.07
PIO : did not reply
First Appeal filed on : 26.9.07
First Appellate Authority Order: 27.9.07
Second Appeal filed on : 3.12.07
Information was asked about list of work orders issued to Deen Dayal Enterprises.
There was no reply from PIO
Hence Appellant filed 1st Appeal.
Appellate Authority directed the PIO to supply the requisite information to the appellant
within 15 days. Yet no information was supplied.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Harish Kumar
Respondent: Absent
The appellant says that information was provided to him on 5 February, 2008.
Decision:
The issue before the Commission is of not supplying the information by 20/8/2007 as
required by the law.
It is apparent from the facts before us that Mr. Vijay Singh, PIO first violated the law by not
furnishing the information within 30 days. Subsequently he has disregarded the orders of the
First Appellate Authority,-who is also an officer senior to him in the Public authority.
From the facts before the Commission it is apparent that the PIO, Mr. Vijay Singh 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. He has further refused to
obey the orders of his superior officer, which raises a reasonable doubt that the denial of
information may also be malafide. The First Appellate Authority has clearly ordered the
information to be given. .
It appears that the PIO Mr. Vijay Singh’s actions attract the penal provisions of Section 20
(1) .
A showcause notice is being issued to him, and he is directed to present himself before 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 24th October, 2008 at 3.00pm alongwith his
written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He shall also produce evidence of having furnished the information to
appellant.
This decision is announced in open chamber. .
Notice of this decision be given free of cost to the parties.
(Shailesh Gandhi)
Information Commissioner
Date: 8 October, 2008