CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002971/5745Penalty
Appeal No. CIC/SG/A/2009/002971
SHOWCAUSE HEARING:
Appellant : Mr. Jai Bhagwan Gupta,
House No. 205, Maitri Apartment,
Sector - 9, Rohini, New Delhi - 110085.
Respondent : Mr. D.P Singh,
Education Officer-XI & deemed PIO
Govt. of NCT of Delhi,
O/o The Dy. Director of Education,
(EO- Zone -XI)
District North West-B, FU-Block,
Pitampura, Delhi - 110088.
Mr. K.D. Jassal
RDE/First Appellate Authority (North)
Directorate of Education (North)
G. Co-ed S.V. Building, F/U Block
Pitampura, Delhi 110034
RTI application filed on : 25-06-2009
PIO replied : 17-09-2009
First appeal filed on : 24-08-2009
First Appellate Authority order : 30-09-2009
Second Appeal received on : 24-11-2009
S. No. Information sought. PIO's reply after filing of First Appeal
1. Names of Teachers/Employees of the As per record available the list of teachers
Directorate of Educationwho have been paid interest on account of
working/retired in District North West -causing delay in making due payments by
B, whom interest have been paid on the order of the Court is as below:-
account of causing delay in making due 1. Sh. Hargyan Singh, UDC (Retired)
payments by the order of the Court. copy had been provided to the
Appellant
2. Smt. Kamlesh Khaneja, TGT
(Retired) copy had been provided to
the Appellant.
3. Sh. R.L. Gupta, Principal (Retired)
Copy of the order of Court is not
available as the file is under
submission with Litigation Branch
(HQ).
2. Please furnish the copy of the order of As above.
Page no. 1 of 3
the court and other related information n
detail.
Ground of the First Appeal:
Information not provided.
Order of the FAA:
"After careful examination of all the documents it is found that the information provided
by the PIO is incomplete as no details of case mentioned at serial no. 3. Hence, the PIO is
directed to provide the complete information within 10 days directly to the applicant under
intimation to the undersigned".
Ground of the Second Appeal:
Incomplete information had been provided to the Appellant by the PIO and no information
had been supplied after the FAA order till date.
Decision dated 7 December 2009:
The appeal was allowed.
The Commission directed the PIO & DDE (NW-B) to provide the information with regard to Mr.
R.L. Gupta's case. If the information was not available at the office of the PIO & DDE (NW-B),
the PIO & DDE (NW-B) was directed to seek assistance under Section 5(4) of the RTI Act from
the concerned office and provide the information to the Appellant before 28 December 2009.
The Commission issued a show cause notice to Mrs. K.D. Jassal, then PIO & DDE (NW-B) and
Mrs. Urmil Khanna as it appeared that they were guilty of not furnishing information within the
time specified under sub-section (1) of Section 7 and did not comply with the orders of the First
Appellate Authority. They were directed to present themselves before the Commission at the
above address on 31 December 2009 at 12 p.m. along with their written submissions to show
cause why penalty should not be imposed on them as mandated under Section 20 (1).
Facts
emerging during show cause hearing held on 31 December 2009:
The following persons were present:
Appellant: Mr. Jai Bhagwan Gupta
Respondent: Mrs. Urmil Khanna, then PIO & DDE; Mr. D.P Singh, EO XI & deemed PIO;
Mrs. KD Jassal (retd.) then PIO
The Appellant states that he has received the complete information. The then PIO, Mrs.
Urmil Khanna received the order of the First Appellate Authority on 03/10/2009. She wrote to
the concerned Education Officer XI Mr. D.P Singh on 05/10/2009 directing him to comply with
the order of the FAA. A reminder was sent on 29/10/2009. She received a response on
12/11/2009 and forwarded the same to the Appellant on the same day (dispatched on
13/11/2009). Mr. D.P. Singh states that he could not provide the information in time because the
file was with the HQ.
Mr. D.P. Sing should; have given the reply within 6 to 7 days of receiving the order of the FAA
on 03/10/2009. If the information was to be given to the Appellant within 10 days as per the
order of the FAA. The then FAA Mrs. K.D. Jassal has come before the Commission and
obviously believes that the information could be provided within 10 days. However even if the
Commission takes a lenient view and assume that the entire 10 days period was taken by Mr.
D.K. Singh he should have provided the information 15/10/2009. Instead he provided the
information on 12/11/2009 i.e. after a further delay of 27 days. The Commission asked Mr.
Page no. 2 of 3
D.P.Singh to justify the delay and he says that there has been a mistake. He claims that he went
to the Head Office and requested for the file but it was not given to him inspite of repeated
request. He has no written evidence for this. In view of this it is difficult to accept his version of
the reasons for the delay. If he had some written proof the Commission could then have held
some other officer responsible for the delay. In these circumstances the Commission sees no
evidence of any reasonable cause for the delay offered by Mr. D.P.Singh, Education Officer. The
Commission therefore imposes a penalty under Section 20(1) of the RTI Act on Mr. D.P.Singh at
the rate of Rs.250/- per day for the delay of 27 days. Thus the Commission imposes a penalty on
Mr. D.P.Singh of Rs.250/- X 27days = Rs.6750/-.
Decision:
As per the provisions of Section 20 (1), the Commission finds this a fit case for levying
penalty on Mr. D.P.Singh, Education Officer-XI and deemed PIO. Since the delay in providing
the information has been 27 days, the Commission is passing an order penalizing Mr. D.P.Singh
Rs. 6750/-.
The Chief Secretray of GNCT of Delhi is directed to recover the amount of Rs.6750/-
from the salary of Mr. D.P.Singh, 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 may be
deducted at the rate of Rs.3375/ per month from the salary of Mr. D.P.Singh and remitted by the
10th of February 2010 and 10th March 2010.
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
31 December 2009
1- The Chief Secretary
GNCT of Delhi
Delhi Sachivalaya, IP Estate
New Delhi 110002
2- Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi - 110066
(In any correspondence on this decision, mention the complete decision number.) (BK)
Page no. 3 of 3