CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/001015/12900
Appeal No. CIC/SG/A/2011/001015
Relevant Facts
emerging from the Appeal
Appellant : Mr. Brijesh Kumar Chauhan
R/o K-2/156, Gali No.4 & 5,
Sangam Vihar, New Delhi- 110062.
Respondent : Mr. Pravesh Ranjan Jha
Public information officer & SDM(Defence Colony)
Revenue Department, GNCTD
Office of Dy Commissioner (south)
MB Road, Saket, New Delhi
RTI application filed on : 23-12-2010
Application transferred to SDM : 03-01-2011
First appeal filed on : 12-02-2011
First Appellate Authority order : 17-03-2011
Second Appeal received on : 15-04-2011
S.No Information sought by the appellant Reply of the PIO
1. Give the list of tube well bore and deep hand pump in Sangam The application transferred to
Vihar by Delhi Jal Board. SDM(HQ).
2. Whether its legal to take water through private tube well in The application transferred to
authorised and unauthorised colony? Can drinking water be SDM(HQ).
distributed to public through pipeline from these private bore?
3. What are actions being taken on guidelines given by the head of The application transferred to
Public Complaint cell? SDM(HQ).
4. Give the details of action taken against the application DO NO. The application transferred to
1/2/2008-GW dated 17-09-2009. SDM(HQ).
Grounds of the First Appeal:
No information provided.
Order of the FAA:
It has been noticed that RTI application has wrongly been marked to SDM (HQ/Baghidari). The Nodal
Officer for the issues of water is BDO (South). Hence RTI application is being forwarded to BDO
(South) for providing information within 10 days to applicant. Appeal is disposed off accordingly.
Grounds of the Second Appeal:
No information provided. FAA order not followed.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Brijesh Kumar Chauhan;
Respondent: Mr. Bhaskar Priyadarshi, Tehsildar on behalf of Mr. Pravesh Ranjan Jha, PIO &
SDM(Defence Colony);
The Respondent states that various officers of the department kept forwarding the RTI
application mindlessly amongst themselves. He states that some information is obtained from Delhi Jal
Board and the balance information had to be obtained from BDO (South). The FAA had also directed
BDO(South) to provide information within 10 days to the Appellant but no information was provided
to the Appellant. The respondent states that the person responsible for providing the information was
Mr. A. K. Yadav, BDO(South).
Decision:
The Appeal is allowed.
The Commission directs Mr. Bhaskar Priyadarshi to ensure that the complete
information is sent to the Appellant and the Commission before 30 June 2011.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIO Mr. A. K. Yadav, BDO(South) within 30 days as required by the law.
From the facts before the Commission it appears that the deemed 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.
Mr. A. K. Yadav, BDO(South) will present himself before the Commission at the above address on
04 July 2011 at 2.30pm 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.
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
16 June 2011
(In any correspondence on this decision, mention the complete decision number. (DW))
Copy through Mr. Bhaskar Priyadarshi to:
- Mr. A. K. Yadav, BDO(South) & Deemed PIO