CENTRAL INFORMATION COMMISSION
Club Building, Near Post Office
Old JNU Campus, New Delhi 110 066.
Tel: 91 11 26161796
Decision No. CIC/WB/A/2008/00114/SG/0422/Penalty
Appeal No. CIC/WB/A/2008/00114/SG
Show Cause Hearing:
Appellant : Mr. Shri Krishan,
House No. 375,
Brahaman Pana,
Village & Post Bawana,
New Delhi - 110039.
Respondent : Mr. Kunal
SDM, Narela
Office of the Deputy Commissioner,
Distt. North West,
Kanjhawalan,
New Delhi.
Background
:
The Appellant filed a RTI application to the SPIO, Office of Deputy Commissioner,
Dist North West, Kanjhawala, New Delhi on 23/07/2007. Detail of the Information sought is
as follows, Calculation report of Khasra No. 396 in r/o Village Ghoga & also report on sides
thereof. Record of Mahaji Malkhan of Village Ghoga according to file book
The PIO vide letter dated 13/08/2007, sent the information to the Appellant. Not
satisfied with the reply of the PIO he filed the First Appeal on 19/09/2007. The First
Appellate Authority ordered the PIO to provide correct, specific and point wise to the
Appellant within 15 working days positively. He added, “PIO/ADM (North- West) is directed
to give correct specific and point wise reply to the Appellant within 15 working days
positively.”
Not receiving any information the Appellant filed the Second Appeal before the
Commission and the matter came up for hearing on 5/12/2009.
Commission’s Order dated 05/12/2009:
The appeal is allowed.
The Commission directed the PIO to provide the complete information to the Appellant
before 25/12/2009.
The brief facts leading to show cause hearing:
The issue before the Commission was that the PIO has not complied by the order of the
First Appellate Authority which is mandated by the RTI Act, 2005. The denial of correct
information, subsequent to the order of the First Appellate Authority raises a reasonable
doubt that it may be malafide.
Relevant Facts during the Show Cause Hearing on 11/06/2009:
The following were present.
Appellant: Mr. Shri Krishan
Respondent: Mr. B.M.Gupta on behalf of PIO Mr. Neeraj Bharti and
Mr. Virender Kumar, UDC on behalf of Mr. Kunal-SDM Narela
Mr. Kunal chose not to be present and appeared to be fine with paying the penalty. A letter
was sent by Mr. Kunal stating that “no such record is not available in the office” he also
stated that the information should be supplied by ADM(NW).
The Commission took this very casual approach very seriously and felt that the officers of
this public authority were behaving as if they were above the law. The Commission directed
Mr. Kunal SDM-Narela, Mr. Neeraj Bharti-ADM(NW) and Mr. Madhup Vyas -Dy.
Commissioner to be present before the Commissioner with the information and an
explanation as to why this information has not been provided so far on 08/07/2009.
The Commission also warned Mr. Kunal and Mr. Neeraj Bharti to showcause why maximum
penalty of Rs. 25000/- should not be imposed on both for complete disregard of the RTI law.
The Commission decided that it will consider recommending disciplinary actions against
both the officers an ex parte orders will be passed if they are not present.
Relevant Facts during the Show Cause Hearing on 08/07/2009:
The following were present:
Appellant: Mr. Shri Krishan
Respondent: Mr. Kunal, PIO & SDM-Narela(NW) and FAA Mr. Madhup Vyas, Dy.
Commissioner (NW)
PIO Mr. Kunal states, “personally I was not aware of the order of the Commission issued in
December 2008. First time it got my attention after receiving the showcause notice in the
office of SDM-Narela on 20 May 2009. It was marked as urgent and immediately given to
the Naiab Tehsildar. The exacta nature of the question was not available and it was
misunderstood in the office of the undersigned that it relates to land acquisition matters
because the Appellant seeks a calculation reports. Since nothing was clear hence it seems that
this is a land acquisition matter which is dealt by the ADM(NW) so it was presumed that he
will reply. The undersigned tried to contact the ADM (NW) on the hearing date but his
mobile was not reachable so in a hurry the letter was drafted and was sent in the court of
Honorable Information Commissioner.” The PIO was asked it he wishes to give any written
submissions. He states he has not brought any written submissions. The FAA Mr. Madhup
Vyas, Dy. Commissioner (NW) who has accompanied the PIO has given a written
submission showing that from 2007 to 2008 there was a change of the PIO from Mr. Manoj
Dwivedi to Mr. Kunal. Mr. Kunal has been the PIO since 1/04/2008.
The Commission takes a view that there was a lapse from the time the FAA had ordered the
information to be provided. However the Commission finds it difficult to understand why the
information was not provided inspite of its order 5 December 2008 clearly directing that the
information should be provided and asking for written submissions form the PIO why penalty
under Section 20(1) should not be levied. There was no response to this. The Appellant Mr.
Shri Krishan shows that he had personally gone to the office of the PIO and submitted a copy
of the order on 15 January 2009 requesting that the information should be provided. He has
provided a copy of the acknowledgement from the PIOs office for this. Yet the PIO was not
moved. On 4 March 2009 the Commission again sent a letter to the PIO directing him to
provide the information to the Appellant before 25 March 2009 and showcause to the
Commission why penalty should not be imposed under Section 29(1) by 30 March 2009. The
Appellant again went and submitted a copy of this to the PIO’s office on 30 March 2009,
which the PIO has again ignored. . He has provided a copy of the acknowledgement from the
PIOs office for this. Once again on 3 May 2009 the Information Commission acting as a
reminder service to the PIO sent him one more notice asking him to provide information and
appear before the Commission on 11 June 2009 at 4.30PM. On 11 June 2009 Mr. Kunal
chose not to be present nor send any written submissions. Hence the Commission gave him a
last chance to defend himself on 8 July 2009. Today he has chosen to come in person but
without any written explanation. His oral submission seeks to make no case to show that
there was any reasonable cause for him for defying the RTI Act and not doing his duty inspite
of so many reminders. It is also significant to note that on 11 June 2009 Mr. Kunal sent a
letter stating that no record is available in the office and therefore no information can be
provided. The Dy. Commissioner Mr. Madhup Vyas has brought the information with him
which has been handed over to the Appellant before the Commission. Mr. Kunal has by his
various actions demonstrated a strong will not to give information.
In of view this, this seems a fit case for levying penalty at Rs.250/ per day subject to
maximum of Rs.25000/- as specified under the RTI ACT.
Decision:
As per the provisions of Section 20 (1), the Commission finds this a fit case for
levying penalty on Mr. Kunal PIO & SDM-Narela(NW). Since the delay in providing the
information has been over 100 days, the Commission is passing an order penalizing
Mr.Kunal Rs. 25000/ which is the maximum penalty under the Act.
The Chief Secretray of GNCT of Delhi is directed to recover the amount of
Rs.25000/- from the salary of Mr.Kunal, 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. Kunal and remitted by the 10th of every month starting from August 2009. The total
amount of Rs.25000 /- will be remitted by December, 2009.
Shailesh Gandhi
Information Commissioner
July 08, 2009
1- The Chief Secretary
GNCT of Delhi
New Delhi
2- Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi - 110066