CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001325/14020
Appeal No. CIC/SG/A/2011/001325
Relevant facts emerging from the Appeal:
Appellant : Mr. Manoj Kumar
21/21,Raj Niwas Marg
Civil Lines, Delhi-110054
Respondent : PIO & Superintending Engineer
Municipal Corporation of Delhi
Shahdara North Zone
Keshav Chowk, G.T.Road, Shahdara
Delhi-110032
RTI application filed on : 28/01/2011 (Form G8A receipt no. CZ0186652)
PIO replied on : Not mentioned.
First Appeal filed on : 01/03/2011
First Appellate Authority order on : Not mentioned.
Second Appeal received on : 19/05/2011
Q.No Query
1. What is the status and outcome of the telegram Dated 1 Jan,2011 sent by the undersigned to
the Deputy Commissioner(MCD) Shahdara North Zone Delhi,copies of which were also sent
to other civic Authorities to prevent Construction in premises number C-189/2 and C-
102,GAli Netaji BhajanPura Delhi.
2. Please provide information regarding the written representation which were sent by the
Appellant thereafter dated 7 Jan,2011 and 21 Jan,2011 to prevent such construction.
Reply of PIO:
Not mentioned.
Grounds for the First Appeal:
No information furnished by the PIO within 30 days.
Order of the First Appellate Authority (FAA):
Date of hearing was on 24/03/11 but adjourned and hence no order passed till date.
Ground of the Second Appeal:
No order has been passed by the FAA till date.
Relevant Facts
emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a
perusal of the papers it appears that no information has been provided to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information as available on the
records to the Appellant before 30 August 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
From the facts before the Commission it appears that the 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. 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.
He will present himself before the Commission at the above address on 08 September 2011 at
12.00pm alongwith his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1). He will also submit proof of having given 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
11 August 2011
(In any correspondence on this decision, mention the complete decision number. (JS))