CENTRAL INFORMATION COMMISSION
Club Building, Near Post Office
Old JNU Campus, New Delhi 110 066.
Tel: 91 11 26161796
Decision No. CIC/SG/A/2009/000854/3124Penalty
Appeal No. CIC/SG/A/2009/000854
Show Cause Hearing:
Appellant : Mr. Birinder Singh
C-1, IFFCO,
Saket Place,
New Delhi.
Respondent : Public Information Officer/Suptdg. Engineer
Municipal Corporation of Delhi,
Office of the Deputy Commissioner,
Karol Bagh Zone,
Nigam Bhawan, D.B.Gupta Road,
Anand Parbat, Karol Bagh,
New Delhi - 110005.
Back Ground :
The Appellant vide his RTI Application dated 12/02/2009 had sought information regarding a
complaint against unauthorized construction by property A-71/2, Naraina Vihar, New Delhi.
No reply was received from the PIO in this regard.
The FAA vide its order dated 08/04/2009 stated that "PIO/Executive Engineer (Bldg.) is directed to
give the reply within 10 days from the issue of this order."
Second appeal was received by the Hon'ble CIC on 22/04/2009 on which decision was pronounced
on 08/05/2009.
The Appeal was allowed. The PIO was directed to send the information to the Appellant before
25/05/2009. The PIO was found guilty of not furnishing the 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 had further refused to obey the orders of his superior officer, which raised a reasonable
doubt that the denial of information might have also been malafide. The First Appellate Authority
had clearly ordered the information to be given. The Commission was of opinion that PIO's actions
attracted the penal provisions of Section 20 (1) of the RTI Act.
A showcause notice was issued to the Respondent and he was directed to give reasons to the
Commission to show cause why penalty should not be levied on him. The Respondent was also
asked to produce the proof of information submitted to the Appellant.
The Show Cause hearing took place on 10/06/2009.
The Facts
arose in the hearing:
The PIO Mr. N.K Gupta stated that the RTI application was supposed to be answered by Prem
Chand JE (Bldg) KBZ at that time. The Application had reached Mr. Prem Chand by 19 February
2009 and then no reply was sent. After the order of the FAA issued on 08/04/2009 the PIO EE Mr.
Manoj Verma was directed to provide the information within 10 days i.e. by 18/04/2009. However,
the information was provided to the appellant on 26/05/2009. Based on the statements made by Mr.
N.K.Gupta, PIO and Mr. Mahipal Singh, deemed PIO Karol Bagh Zone it appeared to the
Commission that the deemed PIOs’ Mr. Prem Chand and Mr. Manoj Verma were responsible for
the delay.
Commission’s Order:
Based on the statements made by Mr. N.K.Gupta, PIO and Mr. Mahipal Singh, deemed PIO Karol
Bagh Zone it appeared to the Commission that the deemed PIOs’ Mr. Prem Chand and Mr. Manoj
Verma were responsible for the delay.
The Brief Facts Leading to Show Cause Hearing:
Mr. Manoj Verma Executive Engineer building KBZ and Mr. Prem Chand presently JE-Slum & JJ
Department were directed to appear before the Commission to showcause why penalty should not
be imposed as per Section 20(1).
Relevant Facts During the Show Cause Hearing on 13/07/2009:
The following were present:
Appellant: Mr. Birinder Singh
Respondent: Mr. Manoj Verma deemed PIO under Section 5 (5).
Mr. Prem Chand deemed PIO under Section 5 (5).
Mr. Manoj Verma has given a written submission and states that the information was being held by
Mr. Prem Chand, JE. He contends that he first sought the assistance of Mr. Prem Chand on
15/04/2009. He claims that he also sent reminder on 30/04/2009. He claims that the information
came from JE, Mr. Prem Chand on 25/05/2009.
Mr. Prem Chand states, “there is a lot of workload there are 3 to 4 wards with the JE.”
This instance is showing the reason for MCD being dysfunctional. As excuse for not being able to
do their work the constant refrain that the officers are passing papers and reminding others to do
something when they are not getting transfers. Mr. Prem Chand’s explanation for delay is
completely unacceptable and has no basis in law. All PIOs and deemed PIOs have to fulfill their
duty in the stipulated time. The FAA had ordered the information to be given in 10 days and the
Commission assumes that the FAA new and understood the inefficient working of the MCD when
ordering that the information should be provided in 10 days. The Commission however, takes a
lenient view assumes that Mr. Prem Chand needed 9 days to give the information. Mr. Prem Chand
has taken 39 days to give the information. Hence Mr. Prem Chand took extra 30 days of delay
without any reasonable cause.
The Commission therefore orders a penalty of Rs.250/- per day for 30 days which is Rs.7500/-. The
deemed PIO Mr. Prem Chand is penalized Rs.7500/-.
Decision:
As per the provisions of Section 20 (1), the Commission finds this a fit case for levying penalty on
deemed PIO Mr. Prem Chand. Since the delay in providing the information is 30 days, the
Commission is passing an order penalizing deemed PIO Mr. Prem Chand Rs. 7,500/ at
the rate of Rs.250/- per day for 30 days.
The Municipal Commissioner of Municipal Corporation of Delhi is directed to recover the amount
of Rs.7,500/ from the salary of deemed PIO Mr. Prem Chand 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.2500/ per month every month from the salary of Shri Prem Chand
and remitted by the 10th of every month starting from August, 2009. The total amount of Rs.7500/-
will be remitted by October 2009. The amount of Rs. 2500 will be remitted each month before the
10th of each month.
Shailesh Gandhi
Information Commissioner
July 13, 2009
1- Municipal Commissioner
Municipal Corporation of Delhi
Town Hall, Delhi
2. Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi - 110066