Central Information Commission Judgements

Dr. Man Mohan Gulati vs Municipal Corporation Of Delhi on 7 January, 2009

Central Information Commission
Dr. Man Mohan Gulati vs Municipal Corporation Of Delhi on 7 January, 2009
                         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/2007/01376/SG/0925
                                                         Appeal No. CIC/WB/A/2007/01376/SG

Relevant Facts

emerging from the Appeal

Appellant : Dr. Man Mohan Gulati,
115-A, SFS, DDA Flats,
Gulabi Bagh, Delhi – 110007.

Respondent 1                             :        Sh. Z. U. Siddiqui,
                                                  Dy. Commissioner & PIO,
                                                  Municipal Corporation of Delhi,
                                                  2nd Floor, S. P. Zone, Idgah,
                                                  Delhi - 110006.

RTI application filed on                 :        23/07/2007
PIO replied                              :        No Reply.
First appeal filed on                    :        06/09/2007
First Appellate Authority order          :        07/09/2007
Second Appeal filed on                   :        12/11/2007

Information Sought:

The Appellant had asked the information about the Joint Inspection Report of No. 115-A to 115-D,
SFS: DDA flats, Gulabi Bagh.

1. Copy of the note put up to higher authorities along with the above report by the concerned
AE/JE for taking/initiating action against the defaulting owners/occupants of flats No. 115-B,
115-C and 115-D. SFS, DDA, Gulabi Bagh, Delhi.

2. Copy of the Action Taken Report in compliance to the above referred Joint Inspection Report.

The PIO replied.

No reply.

The First Appellate Authority ordered:

“It is treated as confirmed that the PIO has not supplied the information. PIO i.e. D.C. (S. P .Zone) is
directed to give information within 15 days time positively so as to avoid rigorous penalty and other
action.”

Relevant Facts emerging during Hearing:

The following were present.

Appellant : Dr. Man Mohan Gulati,
Respondent : Sh. Z. U. Siddiqui
The appellant has been given details of action taken on the matter before the Joint Inspection
report. However the appellant wanted details of action taken after the Joint inspection report.
The respondent states that no action has been taken after the joint action report of 11/1/2007.
Decision:

The appeal is allowed.

The PIO will give the categorical statement in writing to the appellant that no action has been
taken after the Joint inspection report before 20 January 2009.
The issue before the Commission is of not supplying the complete, required information
by the PIO within 30 days as required by the law.
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 give his written submissions showing cause why penalty should not be imposed on
him as mandated under Section 20 (1) before 30 January, 2009.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
7th January, 2009

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