CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor, Block IV,
Old JNU Campus, New Delhi -110 066.
Tel.: + 91 11 26161796
Decision No. CIC/WB/A/2007/00515/SG/00220
Appeal No. CIC/WB/A/2007/01704 + 00515
Relevant Facts
emerging from the Appeal
Appellant : Mr. Aijajul Hassan
A-470, Gali Masijid Inshalaha,
Chauhan Banger, New Seelampur,
Delhi-110093.
Respondent 1 : Shri A.K. Singh
PIO & Deputy Commissioner,
Municipal Corporation of Delhi
Shahadara North Zone,
Delhi-110032.
RTI application : 17/06/2006
PIO reply: 05/09/2006
First appeal 18/09/2006
First Appellate order: 11/10/2006
Detail of information required: The appellant had asked regarding illegal occupation of
government lands and buildings in Silampur area in Shahadara. North – East Zone.
No reply was received in one case, the first appellate authority passed an order on 11/10/2006
directing that the information should be provided without any delay. He also asked for a
probe and disciplinary action against erring officials for the delay. Since the information was
not provided and the First appellate authority’s orders were flouted, Additional
Commissioner (HQ) again passed another order no. 184 on 29/3/2007 stating, ” Dy.
Commissioner (Sh. North) being the PIO in the case was earlier directed to provide the
information as sought by the applicant. But no sincere action has been taken by PIO
Shahadara (North).Therefore, it is once again directed that the required information be
provided to the applicant at the earliest under information to the undersigned.”
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Aijajul Hassan
Respondent : Mr. A.K. Singh, PIO; Mr. Jai Parkash, Asst. Commissioner, Shahdara Zone
The respondent claims that he made all the efforts and he came to the conclusion on
05/02/2007 that such information as was sought by the appellant was ‘not readily available.’
He contends that he was not aware that nobody had such information and produces evidence
of having sent letters to various officers to get this information.
It is difficult to accept the PIO’s plea that it took him over 8 months to understand that there
is no information available in MCD of the nature of illegal occupation of lands and buildings
in Silampur area. It is also very difficult to accept that the Additional Commissioner did not
know this. The Additional Commissioner has also recorded that three officers of the Zone
were present at the time of the first hearing. Therefore if the PIOs contention is to be
believed, it must be concluded that three other officers and the Additional Commissioner
were unaware that such information is not available.
Decision:
The appeal is allowed.
The present Dy. Commissioner of Shahdara North Zone, Mr. S.R. Kataria will give the
information to the appellant before 30 November, 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 Mr. A.K.Singh 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 10 December, 2008 at 5.00 pm alongwith his written
submissions showing cause why penalty should not be imposed on him as mandated under Section 20
(1).
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
14th November, 2008