CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001312/8299
Appeal No. CIC/SG/A/2010/001312
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Balkishan Kachwaha.
K-22 Model Town
Delhi - 110009
Respondent : Mr. R. Prasad
Public Information Officer & SE
Municipal Corporation of Delhi
O/o Superintending Engineer
Civil Lines Zone, 16 Rajpur Road
Delhi - 110054
RTI application filed on : 10/02/2010
PIO replied : 19/02/2010
First appeal filed on : 11/03/2010
First Appellate Authority order : 15/04/2010
Second Appeal received on : 20/05/2010
S. No Information Sought Reply of the Public Information Officer (PIO)
1. Why was the staircase of the appellant's Any illegal structure can be demolished during its
house demolished without prior notice? Is building process.
this procedure legal? Detailed explanation
required.
2. Why the Appellant was previously not Same as mentioned above
notified about this demolition?
3. If there is a complaint about the building Complain No. 20911902744 of L.G Cell.
then photocopy should be provided.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO and documents asked for in point No. 3, not been
enclosed.
Order of the First Appellate Authority (FAA):
PIO was directed to provide the copy of the documents mentioned in point No. 3 within 15 working
days.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO.
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Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Balkishan Kachwaha;
Respondent: Mr. Ajay Kumar, AE on behalf of Mr. R. Prasad, PIO & SE;
The appellant has been given the copy of the complaint on 21/05/2010. He had sought the copy
of the complaint in the original RTI application but this was not provided earlier. The RTI application
had been filed on 10/02/2010 and the complete information should have been provided to the appellant
before 12/03/2010. The FAA had also ordered on 15/04/2010 that the information should be given
within 15 days. But this information was given to the appellant only on 21/05/2010. The Respondent
states that the person responsible for giving this information late was Mr. Rajpal, Junior Engineer.
Decision:
The Appeal is allowed.
The information has been provided.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIO Mr. Rajpal, Junior Engineer within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed 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 deemed 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.
Mr. Rajpal, Junior Engineer will present himself before the Commission at the above address on
21 July 2010 at 2.30pm alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1). He will also submit proof of having given the
information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before
the Commission with him.
This decision is announced in open chamber.
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
24 June 2010
(In any correspondence on this decision, mention the complete decision number.)(YM)
CC:
To,
Mr. Rajpal, Junior Engineer through Mr. R. Prasad, PIO & SE;
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