CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000005/6929Penalty
Complaint No. CIC/SG/C/2010/000005
Complainant : Mr. Shiv Babu
J 182/5, Gali No 39/6, J Block,
Chohan Bangar, Jafrabad,
Seelampur, Delhi
Respondent : Mr. Mahesh Sharma,
Deemed PIO & Rickshaw Supervisor
O/o the Assistant Commissioner
Municipal Corporation of Delhi
Shahdara North Zone, Near Keshav Chowk,
Shahdara, New Delhi 110053.
Background
:
The Complainant had sought information about cycle rickshaws through various
queries. The information related to the number of employees in the rickshaw department,
number of illegal rickshaws caught etc.
The Complainant had filed a RTI application with the PIO, MCD, Shahadara
North Zone on 15/10/2009 asking for certain information. On having not received any
information within the mandated time period of 30 days, he filed a Complaint under
Section 18 of the RTI Act with the Commission.
On this basis, the Commission issued a notice directing the PIO, MCD, Shahadara
North Zone on 02/01/2010 to provide information to the Complainant and further sought
an explanation for not furnishing the information within the mandated time.
Commission’s Order dated 22/02/2010
The Commission allowed the appeal. It was observed that since the Commission
neither received a copy of the information sent to the Complainant, nor did it receive any
explanation from the PIO for not supplying the information to the Complainant.
Therefore, the only presumption that could be made was that the PIO has deliberately and
without any reasonable cause refused to give information as per the provisions of the RTI
Act. Failure on the part of the PIO to respond to the Commission’s notice showed that
there is no reasonable cause for the refusal of information. The Commission directed the
PIO to provide the complete information in regard to the RTI Application dated
15/10/2009 to the Complainant before 15/03/2010.
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Facts leading to the show cause hearing on 19/03/2010:
From the facts before the Commission, it appeared that the PIO has not provided
the correct and complete information within the mandated time and has failed to comply
with the provisions of the RTI Act. The delay and inaction on the PIO’s part in providing
the information amounts to willful disobedience of the Commission’s direction as well as
raises a reasonable doubt that the denial of information may be malafide. It appeared that
the PIO’s actions attract the penal provisions and disciplinary action of Section 20 (1) and
(2).A show cause notice was therefore issued to the PIO vide Commission’s decision
dated 22/02/2010 with a direction to serve the same to such person(s) who are responsible
for this delay in providing the information, and direct them to be present before the
Commission along with the respondents.
Relevant Facts During the Show Cause Hearing on 19/03/2010:
The following were present:
Respondent: Mr. Nawal Kishore, Deemed PIO & Zonal Superintendent;
Mr. Mahesh Sharma, Deemed PIO & Rickshaw Supervisor;
The RTI application was received on 15/10/2009 and the information has been
provided on 18/01/2010 as per the respondent. The PIO had sought the assistance of Mr.
Mahesh Sharma on 15/10/2009 since the information was held by him. Mr. Mahesh
Sharma did not supply the information and only after the Commission’s notice on
02/01/2010 the information was provided by Mr. Mahesh Sharma on 18/01/2010.
The Commission asked Mr. Mahesh Sharma to explain the reasons for the delay. He
states that he is very busy and has to move in the filed to catch the illegal rickshaws. He
states that he also has to deposit the files in the department. He states that he did not have
enough knowledge of how to manage his work. He also states that he had a shortage of
staff and now the staff is adequate. These cannot be considered as reasons for not
providing information under RTI Act. All officers have to do all the jobs which their duty
enjoins on them. Claiming shortage of staff and overload cannot be considered as excuses
and RTI Act has very clearly put the responsibility on the individual officers who are
either PIOs or deemed PIOs as per the provisions of Section 5(4) and 5(5). Mr. Mahesh
has not advanced any reasonable cause for not providing the information. The
Commission accepts that a period of 15 days could have been taken by the Deemed PIO
Mr. Mahesh Kumar to provide the information. Hence he should have provided
information latest by 03/11/2009. The Commission perused the information sent on
18/01/2010 and realized that information on query-5 & 6 which sought information about
the number of illegal rickshaws caught and its details have not been provided at all. This
appears to be clearly malafide. The PIO Mr. Ravi Deep Sigh Chahar is directed to ensure
that the information on query-5 & 6 is sent to the Complainant before 05 April 2010.
The Commission sees this as a fit case for levy of penalty and imposes a penalty of Rs.
250/- per day of delay under Section 20(1) of the RTI Act. Since the complete
information has not been provided so far the Commission imposes a penalty of
Rs.25000/- which is the maximum penalty leviable under the Act.
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Decision:
As per the provisions of Section 20 (1) of the RTI Act 2005, the Commission
finds this a fit case for levying penalty on Mr. Mahesh Sharma, Deemed PIO & Rickshaw
Supervisor. Since the delay in providing the correct information has been over 100 days,
the Commission is passing an order penalizing Mr. Mahesh Sharma for Rs. 25000/ which
is the maximum penalty under the Act.
The Commissioner, Municipal Corporation of Delhi is directed to recover the
amount of Rs.25000/- from the salary of Mr. Mahesh Sharma 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.5000/ per
month every month from the salary of Mr. Mahesh Sharma and remitted by the 10th of
every month starting from April 2010. The total amount of Rs.25000 /- will be remitted
by 10th of August, 2010.
Shailesh Gandhi
Information Commissioner
19 March 2010
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
(In any correspondence on this decision, mention the complete decision number.)(SP)
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