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/2007/01253/SG/00079
Appeal No. CIC/WB/A/2007/01253
Relevant Facts
emerging from the Appeal
Appellant : Mr. Shiv Prakash Bansal
DP-80, Pitampura,
Delhi-110088
Respondent : Director-in-Chief
& Public Information Officer under RTI
Act2005,
Municipal Corporation of Delhi,
Town Hall, Chandni Chowk,
Delhi-110006
RTI filed on : 14-05-2007
PIO replied : No reply
First appeal filed on : 27-06-2007
First Appellate Authority order : 20-07-2007
Second Appeal filed on : 25-09-2007
Appellant had field their Application under Right to Information Act, 2005 and had sought
the photocopies of pages 1 to 10 of the Measurement Book No. 810 .
The appellant filed a first appeal since he received no reply from the PIO. The First appellate
authority Add. Commissioner (Eng) in his order no. 806 of 20/7/2007 ordered, ” On scrutiny
it has been found that no information was provided to the appellant. PIO directed to provide
the requisite information to the appellant as per the provisions of RTI act immediately.
Reasons for delay may also be probed and appropriate action may be initiated against those
found responsible for delay.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Shiv Prakash Bansal
Respondent: Mr. Arun Kumar Executive Eng. (civil) representing PIO
The respondent states he has received a communication from the PIO dated 13/12/2007
which states “Presently Measurement book 810 is not available/traceable. Matter is under
process.” The respondents claim that the said book has not been located so far.
This seems to be a fairly sorry state of affairs. It is also a matter of concern that for over a
year a Public authority appears to be claiming that it is making efforts to trace a book as the
claimed by the respondents before the Commission.
Decision:
The appeal is allowed.
If the Public authority is not able to locate the Measurement book, the Commission directs
them to file a Police complaint by 30th November and submit a copy of the Police complaint
and a certificate from the Additional Commissioner (Eng.) certifying that the Measurement
Book is lost.
From the evidence of the appellant it appears that the PIO did not follow the orders of the
First appellate authority. The PIO appears to have violated the provisions of the RTI act not
provided any information to the appellant.
It is apparent from the facts before us that the PIO has violated the law by not furnishing the
information and has also disregarded the orders of the First Appellate Authority,-who is also
an officer senior to him in the Public authority. If the measurement book could not be found,
the appellant should have been informed about this.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
complete information. 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 10th November, 2008 at 3.00pm alongwith his
written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He shall also produce evidence of having furnished the information to
appellant.
Mr. Arun Kumar Executive Eng. (civil) representing PIO, will give the names of the one or
PIO’s or deemed PIOs from 14/5/2007 to 13/12/2007.
This decision is announced in open chamber. .
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
16 October, 2008
Decision No. CIC /WB/A/2007/01253/SG/0079
Appeal No. CIC/WB/A/2007/01253/