CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002325/5462Penalty
Appeal No. CIC/SG/A/2009/002325
SHOWCAUSE HEARING:
Appellant : Mr. Ajay Kumar,
S/o Shri Jai Narain,
A-167,-A, Shiv Vihar,
(Near Kamlesh Public School), Vikas Nagar,
Uttam Nagar, New Delhi- 110059.
Respondent 1) : Mr. P.Bose (Licensing Inspector),
Municipal Corporation of Delhi.
O/o Deputy Commissioner,
West Zone, Rajouri Garden,
New Delhi- 110027.
Respondent 2) : Mr. Ashok Kumar (Rent Collector)
Municipal Corporation of Delhi.
O/o Deputy Commissioner,
West Zone, Rajouri Garden,
New Delhi- 110027.
RTI application filed on : 20/03/2009
PIO replied : 13/08/2009
First appeal filed on : 08/07/2009
First Appellate Authority order : 24/08/2009
Second Appeal received on : 15/09/2009
Date of Notice of Hearing : 12/10/2009
Hearing Held on : 11/11/2009
BACKGROUND
:
Information Sought
The Appellant has sought copies of original Tehbazari allotment letters dated 27/01/2009, letter
No AC-WZ/2009/D-908 dated 27/01/2009 and the name of the allotted Tehbazari site boundary
Dushera Park, opposite F Block, Vikaspuri, Delhi. The Appellant also wanted to know whether
any license fee of Tehbazari was due against him and if he was issued allotment letter,
possession slip and identity card in respect of the newly allotted Tehbazari site.
Reply of PIO (after 1st Appeal)
The PIO mentioned that till date no Tehbazari has been allotted to the Appellant and the
Appellant’s name was erroneously added in the letter sent to SHO ‘wherein it was requested to
allow him to squad at F Block boundary wall’. The Appellant was not provided any possession
slip or Tehbazari identity card.
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First Appeal:
No information provided by the PIO.
Order of the FAA:
The FAA observed that the PIO (AC/WZ) had mentioned that the complete reply to the queries
of the Appellant had been sent vide No AC/WZ/2009/512 dated 13/08/2009 and therefore the
FAA disposed off the case.
Ground of the Second Appeal:
Unfair disposal of the appeal by FAA.
Relevant Facts that emerged during Hearing on 11 November 2009 :
“The following were present:
Appellant: Mr. Ajay Kumar;
Respondent: Mr. Dalip Singh, Public Information Officer & AC;
The PIO claims that he had sent a letter on 23/03/2009 stating “applicant may be requsted
to submit the photocopy of the document indicated vide point number 1,2,3,4 in his RTI
application so the same could be verified in this office and reply could be given accordingly. He
also claims that after the order of the FAA on 13/08/2009 he has sent a reply to the Appellant in
which he has stated as follows:
“a) As per document submitted by applicant, no tehbazari has been allotted to him by this
office, only he was called to submit the documents.
b) NO
c,d,e) His name was erroneously added in the letter sent to SHO wherein it was requested to
allow him to squad at F-Block Boundary wall.
2. Information provided.
3. No.
4. Documents shows that he is not allottee of any tehbazari site.”
The information now brought by the PIO and given to the appellant before the Commission
states, ”
1. The applicant paid license fee upto 31.3.2008, the balance tehbazari fee is due for the
period w.e.f. 1.4.2008 to 31.3.2010 i.e. Rs.3960/- for two years.
2. No allotment letter has been issued. Since the tebazari measuring 6’x4′ sanctioned in
his favour, therefore, he has been allowed to squat in F-Block Vikas Puri.
3. As above.
4. No.”
It is apparent that just because the matter came before the Commission the truth has been
acknowledged that the Appellant is eligible for the tehbazari. The Respondent states that the
false information was provided by the deemed PIOs Mr. P.Bose (Licensing Inspector) and Mr.
Ashok Kumar (Rent Collector). There are four other tehbazari holders who have come with the
Appellant whose names are Mr. Jawahar Chaudhary, Mr. Jagmohan and Mr. Changulal who
claim they are eligible for the tehbazari but others who are squatting without any legal
recognition at the place where they are permitted to squat are in collusion with MCD and Police
officials harassing them. This is indeed a very distressing state of affairs and the Respondent
admits that this is indeed the case. This Commission has no jurisdiction in these matters but
hopes that those who have jurisdiction in such matters will take a note of this. The commission
would like to know that a majority of the tehbazari files are claimed to be stolen/lost in various
zones and it appears that systematically those eligible are denied their rights.”
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Commission’s Decision:
“The Appeal is allowed.
The information has been provided.
Facts leading to Showcause:
The issue before the Commission was of not supplying the correct information by the PIO and
deemed PIOs. From the facts before the Commission it was apparent that the then PIO Mr.
Madan Mohan and deemed PIOs Mr. P.Bose (Licensing Inspector), Mr. Ashok Kumar (Rent
Collector) are guilty of not furnishing correct information. Hence a showcause notice was issued
to them, and they were directed give their reasons to the Commission to show cause why penalty
should not be levied on them on 24 November 2009 at 10.30am.
Relevant Facts emerging during Showcause Hearing on 24 November 2009:
The following were present:
Appellant : Mr. Ajay Kumar;
Respondent : Mr. Madan Mohan, the then Assistant Commissioner & PIO;
Mr. P.Bose (Licensing Inspector), West Zone;
Mr. Ashok Kumar (Rent Collector), West Zone;
The then PIO Mr. Madan Mohan states that the responsibility of locating the files and
providing the answers was with Mr. P.Bose and Mr. Ashok Kumar the holders of information.
The First reply on 13/08/2009 stated that no tehbazari has been allotted to the Appellant and his
name was erroneously in the letter sent to the SHO. It was also stated that, “documents show that
he is not allottee of any tehbazari site”. Even after the order of FAA no effort was made to
provide the correct information. Mr. P.Bose and Mr. Ashok Kumar claim that since Information
Commission called for a hearing, they made efforts to trace the file which they miraculously
found and therefore gave the correct information on 06/11/2009 that the Appellant had indeed
been allotted a tehbazari site and had paid the tehbazari fee upto 31/03/2008. It appears that there
may have been malafide in giving false information initially. The Respondent states that in their
zone out of 1200 tehbazaries about 500 files are claimed to be “not traceable”. In the entire MCD
system thousands of Tehbazari files are claimed to be “not traceable”. There appears to be some
fundamental systemic corruption by which the allottees of tehbazaris are bled by corrupt officers
by claiming that their files are missing, and it is necessary that some authority should take
cognizance of this if the capital of this Country is to live by any set of rules and laws.
The Commission sees clear evidence that the holder of information Mr. P.Bose and Mr. Ashok
Kumar have collaborated to deny the Appellant his tehbazari rights by not giving the correct
information and claiming that the file was “not traceable”. No reasonable cause has been brought
before the Commission for providing the false information initially that the Appellant was not
allottee of any tehbazari site. The Commission finds this as a fit case for levy of Penalty under
Section 20(1) of the RTI Act on both the officers. The first information provided to the Appellant
on 13/08/2009 was false and the correct information was only provided on 06/11/2009. Since the
RTI application was filed on 20/03/2009 and the correct reply was given only on 06/11/2009 the
delay was clearly more than 100 days and initially false information was supplied to the
Appellant.
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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. P. Bose (Licensing Inspector) and Mr. Ashok Kumar
(Rent Collector), MCD, West Zone, New Delhi. Since the delay in providing the correct
information has been over 100 days, the Commission is passing an order penalizing Mr. P.Bose
and Mr. Ashok Kumar for Rs. 25000/ each which is the maximum penalty under the Act.
The Commissioner, Municipal Corporation of Delhi is directed to recover the amount of
Rs.25000/- each from the salary of Mr. P.Bose and Mr. Ashok Kumar 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
salaries of Mr. P. Bose and Mr. Ashok Kumar and remitted by the 10th of every month starting
from December 2009. The total amount of Rs.25000 /- levied on each will be remitted by 10th of
April, 2010.
Shailesh Gandhi
Information Commissioner
24 November 2009
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
(In any correspondence on this decision, mention the complete decision number.)
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