CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/002241/14946
Appeal No. CIC/SG/A/2011/002241
Relevant facts emerging from the Appeal:
Appellant : Mr. Ajay Kumar Banik,
729, Kapas Hera Bus Stop,
Mori Gate, Delhi-110006.
Respondent : PIO, O/o The Asstt. Commissioner,
Civil Lines Zone,
16 Rajpur Road,
Delhi-110054
RTI application filed on : 20/04/2011
PIO replied on : 05/05/2011
First Appeal filed on : 24/05/2011
First Appellate Authority order of : 25/07/2011
Second Appeal received on : 16/08/2011
Information Sought:
1. Kindly intimate me the Present position of the above said case for delivering back the possession
of site which was taken by the MCD at 729 Kapas Hera Bus Stop., Mori Gate Terminal, Delhi-
110006 (Shop No 13 & 14) under RTI.
The PIO reply:
As per record the tehbazari holder of S. No. 13 is Sh. Shyam Lal. S/o Sh. Ganga Ram & S. No 14 is
Sh. Jackey Hussain S/o. Sh. Baruddin at 729 Kapas Hera Bus Stop, Mori Gate Terminal, Delhi-
110006
Grounds for the First Appeal:
Unsatisfactory reply was given to the appellant by the PIO.
Order of the First Appellate Authority (FAA):
"I have gone through the RTI Application and it has been revealed that through the medium of RTI
Application, the appellant wants to know about the status of delivering back the possession of site taken
by the MCD at 729 Kapas Hera Bus Stop near Mori Gate Terminal (Shop No. 13 & 14).
On enquiry from the office of AC [C.L. Zone]/PIO it has been observed that the requisite information
has not been sent to the appellant till date. The PIO is directed to furnish the available information
concerning to his department to the appellant within 10 days from the receipt of this order. The
PIO is further directed to send the information to the RTI aspirants within the time specified in the
RTI Act.-2005 in future. Any laxity on the part of any officials in delaying the information shall be
viewed seriously."
Ground of the Second Appeal:
No information had been provided by the PIO after the Order of the First Appellate Authority.
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Relevant Facts
emerging during Hearing:
The following were present
Appellant : Sh. Ajay Kumar Banik alongwith Sh. Manik Chakravarty
Respondent : Absent
The Appellant states that despite the clear order of the First Appellate Authority, no information was
provided to him by the PIO
Decision:
The Appeal is allowed.
The PIO is hereby directed provide the complete information to the Appellant before 20th
October 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. He has further refused to obey the orders of his superior officer, which raises
a reasonable doubt that the denial of information may be persistent. 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.
He will present himself before the Commission at the above address on 25th October 2011 at 3.30PM
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. If no other responsible persons are brought by the persons asked to showcause
hearing, it will be presumed that they are the responsible persons.
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
29 September 2011
(In any correspondence on this decision, mention the complete decision number.) (ved
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