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Decision No. CIC/SG/A/2010/003502/11078
Appeal No. CIC/SG/A/2010/003502
Appellant : Mohd. Nabi,
747, Phatak Dhobian.
Frash Khanna, Delhi - 110006
Respondent : Mr. N. K. Gupta
Public Information Officer & SE,
Municipal Corporation of Delhi
O/o The Superintending Engineer (Building),
Sadar Pahar Ganj Zone,
Idgah Road, Delhi.
RTI application filed on : 06-09-2010
PIO replied : Not Replied
First Appeal filed on : 08-10-2010
First Appellate Authority order : 23-11-2010
Second Appeal filed on : 13-12-2010
Information sought:
The Appellant had submitted a letter complaining about the dangerous position of the property
bearing No.814, Katra Hindu Farash Khana, Delhi 110006 on 3.8.2010 to the D.C. and E.E.( Building)
,S.P. Zone for ready reference ( A photo copy is enclosed). In this regard following information is
required.
"What action has been taken on the aforesaid complaint so far"?
PIO's replied:
Not replied.
Grounds for First Appeal:
More then thirty days have been passed but appellant did not receive any reply from the PIO.
Order of the First Appellate Authority:
"I have gone through the appeal. It revealed that the application filed under RTI Act in
S.P.Zone. Application was forwarded to EE (B)/SPZ under Id no. 41:1/SE/SPZ. But no reply was
given to applicant so far despite the reminder issued to EE (B)/SPZ by SE/SPZ.
Therefore, deemed P1O/EE (B)/SPZ is directed to provide the requisite information to the
appellant within 10 working days as available on record under the provision of RTI Act.2005,
Grounds for Second Appeal:
No reply had been received by the appellant from the PIO. Unsatisfactory order had been
passed by the FAA.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mohd. Nabi ;
Respondent: Mr. N. K. Gupta, Public Information Officer & SE;
The RTI application had been submitted on 14/09/2010 and the PIO shows that he sought the
assistance under Section 5(4) from EE(Building) SP Zone Mr. Inderjit Singh on the same day. The
Deemed PIO did not provide any information and after the order of the FAA on 23/11/2010 the PIO
again sent the order of the FAA to the EE(B) Mr. Inderjit Singh. The PIO has also informed the
Deemed PIO Mr. Inderjit Singh about the notice of the Commission’s hearing but he has not provided
any information to the Appellant nor attended the hearing at the Commission.
Decision:
The appeal is allowed.
The PIO is directed to give the information to the Appellant as per order of the
FAA before 30 January 2011.
The issue before the Commission is of not supplying the complete, required information by the
Deemed PIO/EE(B) Mr. Inderjit Singh within 30 days as required by the law.
From the facts before the Commission it appears 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 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.
Deemed PIO/EE(B) Mr. Inderjit Singh will present himself before the Commission at the above
address on 04 February 2011 at 11.00AM alongwith his written submissions showing cause why
penalty should not be imposed on him as mandated under Section 20 (1). He will also send the
information sent to the appellant as per this decision and submit speed post receipt as proof of
having sent 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
21 January 2011
(In any correspondence on this decision, mention the complete decision number.) (BK)
CC:
To,
Mr. Inderjit Singh deemed PIO/EE(B) through Mr. N. K. Gupta, PIO & SE;