CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000340/11885
Appeal No. CIC/SG/A/2011/000340
Appellant : Mr. Vivek Bansal,
B-35, Rose Apartments, Sector 14 Extension,
Rohini, Delhi-110085
Respondent : Mr. Yash Pal Manchandra
PIO & SE(N)
Delhi Jal Board, GNCTD
Lucknow Road, Near INMAS,
New Delhi-110054
RTI application filed on : 27.09.2010
PIO replied on : 02.11.2010
First appeal filed on : 11.11.2010
First Appellate Authority order : 16.11.2010
Second Appeal received on : 03.02.2011
Information sought by the Applicant:
The appellant sought the filling point entry register of private tankers for the period of August 2010 on
the area of Mr. Z.A. Khan.
Reply of the PIO:
The PIO replied that the record is not available and also not handed over to Burari stores as reported
by the site staff.
Grounds of first Appeal:
The reply provided was incomplete and unsatisfactory.
Order of the FAA:
The FAA ordered the PIO to put all efforts to trace it out from other offices due to realignment. As
such, 14 working days were given for tracing out the record and making it available to the appellant.
Ground of the Second Appeal:
The information provided by the PIO is unclear and incomplete.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Mr. Vivek Bansal;
Respondent : Mr. Yash Pal Manchandra, PIO & SE(N);
The Appellant had sought information about the deliveries made by the water tankers for the
period 2002. The PIO has stated that the information is not available. The PIO states that after the
order of the FAA to provide the information within 14 working days which was given on 16/11/2010,
no body has taken the trouble of informing that the records could not be traced and hence information
could not be provided. Even if some information is not available as ordered by the FAA, the appellant
must be informed about it. The Appellant states that he is confident that the records are available in the
record room and he would like to inspect the record room to locate the records. The PIO states that the
APIO will accompany the Appellant during the inspection. The PIO also states that the person who
was responsible for not providing the information after the order of the FAA was the then EE(N-I) &
Deemed PIO Mr. Adarsh Kumar.
Decision:
The Appeal is allowed.
The PIO is directed to facilitate an inspection of the records by the Appellant on
19 April 2011 from 11.00AM onwards at Mukherjee Nagar Office. The PIO will give
attested photocopies of records which the Appellant wants free of cost upto 100 pages.
The issue before the Commission is of not supplying the complete, required information by the
then EE(N-I) & Deemed PIO Mr. Adarsh Kumar within 30 days as required by the law.
From the facts before the Commission it appears that the then 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.
The then EE(N-I) & Deemed PIO Mr. Adarsh Kumar will present himself before the Commission at
the above address on 09 May 2011 at 11.00am alongwith his written submissions showing cause why
penalty should not be imposed on him as mandated under Section 20 (1).
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
07 April 2011
(In any correspondence on this decision, mention the complete decision number.) (MS)
CC:
To,
Mr. Adarsh Kumar the then EE(N-I) & Deemed PIO through Mr. Yash Pal Manchandra, PIO
& SE(N);