CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2009/000330/2473
Appeal No. CIC/ SG/A/2009/000330
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Birinder Singh
Jt. Gernal Manager (PS),
IFFCO, C-1, Saket Place
New Delhi-110017.
Respondent : Supndtt. Engineer & PIO,
Municipal Corporation of Delhi
Office of the Dy. Commissioner
(Karol Bagh Zone), Nigam Bhawan,
D.B. Gupta Road, Anand Parbat,
New Delhi-110005.
RTI application filed on : 12/11/2008
PIO replied : Not replied
First Appeal filed on : 30/12/2008
First Appellate Authority order : 17/02/2009
Second appeal filed on : 02/03/2009
In respect of complain no. 90811900329 dated 4/10/2008 with Aap Ki Sunwai,
MCD has given remarks that case has been initiated for taking necessary direction
to demolish old & occupied property. In this respect following information is
sought:-
Detail of required information:-
(i) Name and Designation of official from whom direction is sought.
(ii) Copy of note seeking directions. (iii) Directions received & its copy. (iv) Further action taken in the case. (v) File notings. The PIO replied. Not replied.
The First Appellate Authority ordered:
The First Appellate Authority ordered “PIO is directed to provide the information
available with the department relating to all the points raised by the appellant in his RTI
application, separately, as per provision of the RTI Act, within 10 days of the issue of
this order”.
Inspite of this the appellant did not receive any communication from the PIO.
Decision:
The appeal is allowed.
The complete information will be sent to the appellant before 17 April, 2009.
The issue before the Commission is of not supplying the complete, required information
by the PIO within 30 days as required by the law.
It also appears that the First appellate authority’s orders have not been implemented.
From the facts before the Commission it is apparent that the PIO 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’s actions attract the penal provisions of Section 20 (1) .
A showcause notice is being issued to him, and he is directed give his reasons to the
Commission to show cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1) before 22 April, 2009. He will also submit
proof of having given the information to the appellant.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
27th March 2009
(In any correspondence on this decision, mentioned the complete decision number.)