CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No.CIC/SG/A/2010/000084/6915
Appeal No. CIC/SG/A/2010/000084
Appellant : Mr. Aalok Mehrotra,
R/o Summer House & Amar Hotel
Estate, Kulri,
Mussoorie-248179
Respondent : Mr. S. K. Nigam,
Joint Labour Commissioner & PIO
O/o the Labour Commissioner,
Labour Department,
Govt. of NCT of Delhi,
5-Sham Nath Marg, Delhi-110054
RTI application filed on : 05/06/2009
PIO replied : 20/07/2009
First Appeal filed on : 28/07/2009
First Appellate Authority order : 05/11/2009
Second Appeal Received on : 08/01/2010
Notice of Hearing Sent on : 21/01/2010
Hearing Held on : 22/02/2010
Sl.No Information Sought PIO's Reply
1. When was the matter of rent fixation referred by As the matter is under subjudice in a
the Office of Labour Commissioner to the Delhi court of law the information can not
PWD? Provide a copy of the reference letter. be supplied to the applicant at this
point of time.
2. Has any spot survey/ inspection of the premises -do-
been conducted by said office/Department and the
PWD? If yes, give the date of inspection and
provide a copy of the report of the Inspecting
Team.
3. When was the meeting of RFC held to finalize the -do-
past and proposed rent; and what were the
proposals of the committee? Provide a copy on
the minutes.
Grounds for First Appeal:
Information was not furnished. Response was not given within stipulated time.
Order of the First Appellate Authority:
SPIO(HQ) was directed to supply information/record to the Appellant with reference to Appeal
dt 28/07/2009 within 10 days.
Grounds for Second Appeal:
Not mentioned.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Aalok Mehrotra;
Respondent: Mr. A. K. Pasi, Welfare Officer on behalf of Mr. S. K. Nigam, Joint Labour
Commissioner;
The Appellant has not been provided any information even after the order of the First
Appellate Authority. The Respondent has brought some papers which he claims provide the
information sought by the Appellant. A perusal of the papers shows that these do not provide the
information sought by the Appellant. The appellant’s queries are simple and in case no action has
been taken on any of the matters for which the appellant is seeking information this should be
stated.
Decision:
The appeal is allowed.
The PIO Mr. S. K. Nigam is directed to provide all the information to the Appellant
before 05 March 2010.
The issue before the Commission is of not supplying the complete, required information by
the PIO Mr. S. K. Nigam within 30 days as required by the law.
From the facts before the Commission it is apparent 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. 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.
PIO Mr. S. K. Nigam will present himself before the Commission at the above address on
31 March 2010 at 10.30am 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
22 February 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj