CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002689/10122
Appeal No. CIC/SG/A/2010/002689
Relevant Facts
emerging from the Appeal
Appellant : Mr. Chirag Saini
4447, Arya Pura, Subzi Mandi,
Ghanta Ghar, Delhi – 110007.
Respondent (1) : Mr. S. P. Sharma
Public Information Officer & Asstt. Director of Vigilance
Municipal Corporation of Delhi
Vigilance Department, Civil Lines Zone,
16 Rajpur Road, Delhi – 110006.
Respondent (2) : Public Information Officer & SE-I
Municipal Corporation of Delhi
Shahdara South Zone, Zonal Office Building,
Karkardooma, Delhi – 110092
RTI application filed on : 15/07/2010
PIO replied : 23/07/2010
First appeal filed on : 15/08/2010
First Appellate Authority order : Not ordered
Second Appeal received on : 22/09/2010
Information Sought:
The Appellant had complaint about unauthorized construction going on at Shakkarpur Ward and sought
information regarding action taken on his application dated 01/07/2010 and name and designation of the
officer who took action, whether any showcause notice was issued to any officer and details of building on
which action was taken.
Reply of the PIO:
The Application dated 01/07/2010 was received in the office vide diary no. 13012 dated 05/07/2010 and
same was sent to DC/Sha (S) Zone on the same day for taking further necessary action at their end. As such
no investigation had been carried out by the department. Further the RTI Application had been sent to
DC/Shah (S) Zone for providing requisite information to the Applicant.
First Appeal:
Non-receipt of information from the PIO/DC (Shah South Zone).
Order of the FAA:
Not ordered.
Ground of the Second Appeal:
Non-receipt of information from the PIO/DC (Shah South Zone) and no action taken by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Chirag Saini
Respondent : Mr. R. S. Yadav, ALO on behalf of Mr. S. P. Sharma, PIO & Asstt. Director of Vigilance;
The Appellant states that he has not received any information from PIO/SE-I Shahdara South Zone.
Decision:
The Appeal is allowed.
The PIO/SE-I Shahdara South Zone is directed to provide the complete information to
the Appellant before 10 December 2010.
The issue before the Commission is of not supplying the complete, required information by the
PIO/SE-I Shahdara South Zone 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.
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.
The PIO/SE-I Shahdara South Zone will present himself before the Commission at the above address on
28 December 2010 at 12.00pm alongwith his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20 (1). He will also bring the information sent to the
appellant as per this decision and submit speed post receipt as proof of having sent 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
23 November 2010
(In any correspondence on this decision, mention the complete decision number.) (GJ)