CENTRAL INFORMATION COMMISSION
Room No.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110066.
Tel: + 91 11 26161796
Decision No. CIC /WB/A/2008/00306/SG/0325
Appeal No. CIC/WB/A/2008/00306/
Relevant Facts
emerging from the Appeal
Appellant : Mr.Murari Lal Malhotra,
E-17, Ground Floor, Kalka ji,
New Delhi-110019.
Respondent 1 : Deputy Commissioner(Shahdara South Zone)
& Public Information Officer,
Municipal Corporation of Delhi,
O/o. the Dy. Commissioner
(Shahadra South Zone Building)
(South Zonal Building), Vishwas Nagar,
Behind Karkardooma Court,
Delhi-110032.
RTI filed on : 12/04/2007 PIO replied : No reply. First appeal filed on : 16/11/2007 First Appellate Authority order : 14/12/2007 Second Appeal filed on : 22/01/2008 Information Sought:
The Appellant had filed a application seeking information for the property number K-42, Gali
No.5,Kanti Nagar, Shahdara, Delhi-110032.
1. Is there exist or existed any property in your house tax records with due above mentioned
address details?
2. Has there been any address change ever happened as per your house tax records for the
above-mentioned property? If, yes please provide the details of the old and new addresses
along with the year of change.
The PIO Reply: No reply mentioned. The First Appellate Authority Ordered:
“It has been observed that the information, which has been sought by the Appellant, is a matter of
record and could have been provided easily which has not been done in the case. It is matter of great
concern that applications filed under the RTI Act has not been attended with the importance, which it
deserves.
PIO is directed to provide the information to the Appellant in respect of both his applications within
10 days.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Absent
It is apparent from the appeal and the records that though the information was a matter of
record, as acknowledged by the First Appellate authority.
Decision:
The Appeal is allowed.
The appeal is allowed.
The complete information will be sent to the appellant before 15 December, 2008.
The issue before the Commission is of not supplying the 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 to present himself before the
Commission to show cause why penalty should not be levied on him. He will present himself
before the Commission at the above address on 30 December, 2008 at 2.30 pm alongwith his
written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). If the PIO wishes to contend that some other officer / officers are
responsible for the delay since he has sought their assistance under Section5(4) he will fill in
the time line in the attached format and ask such other officer / officers to be present with
their explanations.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties
Shailesh Gandhi
Information Commissioner
27th November, 2008
For any correspondence on this decision mention the complete decision number.