CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002966/6263Penalty
Appeal No. CIC/SG/A/2009/002966
SHOWCAUSE HEARING:
Appellant : Mr. Harish Kumar,
628/3, Shivaji Road,
Pul Mithai,
Delhi-110006
Respondent : Mr. Mukesh Kumar,
LDC & Deemed Public Information Officer
O/o the Asstt. Commissioner,
Municipal Corporation of Delhi,
Shahdara North Zone
Delhi-110032
RTI application filed on : 09/09/2009
PIO replied : 25/09/2009
First Appeal filed on : 02/09/2009
First Appellate Authority order : 30/09/2009
Second Appeal Received on : 24/11/2009
S.No Information Sought PIO's Reply
1. Certified copy of details of open and covered There had not been done any allotment
Tehbazari, name of original Tehbazari holders, of Tehbazari in ward no. 272, Sonia
place where Tehbazari allotted, size of Tehbazari Vihar.
and files containing name of original Tehbazari
holders in given wards nos 239 to 272.
2. Appellant wanted to inspect the original files/ Inspection of original files of available
records of Tehbazari holders. Tehbazari may be done during any
working day.
3. Certified copy of details of information regarding According to circular of Addl.
files lost informed by the Police Complaint/F.I.R. Commissioner, no F.I.R had been filed
in obey of circular dated 0512/2008 of Addl. about loss of files of Tehbazari holder.
Commissioner.
4. If circular of Addl.Commissioner(Engg.) dated No circular had been received in this
05/12/2008 had been stayed, then copy of the order office that whether this circular had
regarding staying. been stayed or not.
5. Provide certified copy of information ward-wise Original files and changing location of
regarding total number of Tehbazari holders whose two Tehbazari holders are available in
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name were changed, transfer of location done. the office. In addition to this, there was
Whether files are available or original files in the not made changing in location.
departments.
6. Certified copy of information regarding name of all Two UDC and two LDC and one
officials with their name, post, Grade, Basic salary, Regional Superintendant are working in
amended salary in General branch, Shahadara General Branch.
North
7. Certified copy of information category-wise No reply.
regarding number of applications accepted for PCO
booth under National Vending Policy-2004 in
Shahadara North Zone, MCD ( from year 2000 to
till date)
Grounds for First Appeal:
Information not provided
Order of the First Appellate Authority:
The main ground for appeal was non receipt of reply from the PIO. The appellant had also
desired to inspect the files pertaining to the Tehbazari.
The PIO was directed to afford an opportunity for inspection to the appellant within a period of
two weeks and after inspection, copies of the relevant documents as pointed out by the Appellant
be supplied to him. Information in respect of other queries raised by the Appellant be furnished
within a period of two weeks.
Grounds for Second Appeal:
Incomplete information..
Relevant Facts
emerging during Hearing dated 05/01/2010:
The following were present:
Appellant: Mr. Harish Kumar;
Respondent: Absent;
The Appellant states that he had sought the information for all the wards from 239 to 272
whereas the information has only been provided very late on 28/09/2009 about ward no. 272.
Decision dated 05/01/2010:
The appeal was allowed. The PIO Mr. Ravi Deep Singh Chahar was directed to provide the
complete information to the Appellant for all the wards 239 to 272 before 30 January 2010. He
was also directed to facilitate an inspection of the file by the appellant on 25 January 2010 at
10.30am. He was further directed to give photocopies of the records which the appellant wants
free of cost upto 500 pages.
The Commission issued a show cause notice to the Assistant Commissioner & PIO Mr. Ravi
Deep Singh Chahar as it appeared that information had not been provided within 30 days as
required by the law. He had 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 appeared that the PIO’s
actions attract the penal provisions of Section 20 (1). He was directed to present himself before
the Commission at the above address on 01 February 2010 at 10.30am alongwith his written
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submissions showing cause why penalty should not be imposed on him as mandated under
Section 20 (1).
Relevant facts arising during the show cause hearing held on 01/02/2010:
The following persons were present:
Appellant: Mr. Harish Kumar
Respondent: Mr. Ravi Deep Singh Chahar AC & PIO; Mr. Mukesh Kumar, LDC
Mr. Harish Kumar states that he has inspected the files. Out of 225 files, 44 files are
missing. The LDC agrees that these files are missing. Photocopies of documents identified
during the inspection have been provided to the Appellant. The Appellant has been pursuing the
issue of Tehbazari files with great consistency. So far in nine zones he has discovered that where
as 9499 Tehbazari files should have been in existence, 6554 file are missing. This is really a very
scandals state of affairs and MCD must take action to correct this. Alternately such a prevailing
situation can only lead to increased corruption and lawlessness. The PIO Mr. Chahar is directed
to file a police complaint about the missing files in which he must provide the names of the
officers who last handled the files. The PIO will send a copy of the police complaint alongwith a
certificate form the Additional Commissioner (Engineering) that these files have been stolen/lost.
The copy of the police complaint and the certificate of the Additional Commissioner will be sent
to the Appellant and the Commission before 25 February 2010.
The First Appellate Authority’s order had been handed over by the Zonal Superintendent who
had attended the hearing to Mr. Mukesh Kumar, LDC. Mr. Chahar, PIO & AC has submitted that
he has issued memos and reminders to Mr. Mukesh Kumar to reply to several RTI Applications
including the one which is a subject matter of this case.
The PIO has produced a written evidence that the LDC Mr. Mukesh Kumar has been repeatedly
asked to provide the inspection to the Appellant. He has also produce a memo issued to the
Deemed PIO Mr. Mukesh Kumar in which he has mentioned that Mr. Mukesh Kumar is habitual
culprit in non supply of information under RTI. Mr. Mukesh Kumar was asked about this and he
admits that he was given written instructions to provide the inspection. The inspection has
ultimately been provided on 29/01/2010. The FAA had ordered on 30/09/2009 that the inspection
and the information should be provided within two weeks i.e. by 15/10/2009. Mr. Mukesh
Kumar was asked to give reasons for not obeying the orders of the FAA and the PIO. He admits
that he has been told to provide the information and states that he apologizes for the mistake and
assures the Commission that this will not happen in future.
Mr. Mukesh Kumar has not any reasonable cause for not providing the information in time. He
should have provided the information by 15/10/2009 and failed to do this. Since the delay has
been over 100 days the Commission imposes the maximum penalty of Rs.25000/- as per Section
20(1) of the RTI Act on Mr. Mukesh Kumar, LDC and Deemed PIO.
Decision:
As per the provisions of Section 20 (1) of the RTI Act 2005, the Commission finds this a fit
case for levying penalty on Mr. Mukesh Kumar, LDC Since the delay in providing the correct
information has been over 100 days, the Commission is passing an order penalizing Mr. Mukesh
Kumar, LDC for Rs. 25000/ which is the maximum penalty under the Act.
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The Commissioner, Municipal Corporation of Delhi is directed to recover the amount of
Rs.25000/- from the salary of Mr. Mukesh Kumar, LDC 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.
Mukesh Kumar and remitted by the 10th of every month starting from March 2010. The total
amount of Rs.25000 /- will be remitted by 10th of July, 2010.
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
1 February 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj
1- Commissioner
Municipal Corporation of Delhi
Town Hall, Delhi- 110006
2. Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi – 110066
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