CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001195/8115
Appeal No. CIC/SG/A/2010/001195
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Dhruv Kumar Sharma
Chamber No. 306,
Civil Wing, Tis Hazari Court,
Delhi 110054
Respondent : Mr. R. Prasad
Public Information Officer
S.E. Civil Lines Zone,
Municipal Corporation of Delhi
16-Raj Pur Road
New Delhi 110054
RTI application filed on : 08/03/2009
PIO replied : Not Replied
First appeal filed on : 15/04/2010
First Appellate Authority order : 22/04/2010
Second Appeal received on : 06/05/2010
Information Sought
The Appellant sought information regarding –
• Any action taken place with respect to the information given by the Police Station,
Kashmere Gate, New Delhi-6, vide letter no. 1549-55 dated 17/07/2009 regarding
unauthorized construction.
• Name of the officials responsible for taking such action.
Reply of the Public Information Officer (PIO)
No Reply was given.
Grounds for the First Appeal:
Non-supply of information by the PIO.
Order of the First Appellate Authority (FAA):
The FAA directed the PIO to furnish complete information within 10 days.
Grounds for the Second Appeal:
Non-compliance of the order of the FAA.
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Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Dhruv Kumar Sharma
Respondent: Mr. Ajay Kumar, AE on behalf of Mr. R. Prasad, PIO & SE;
The Respondent admits that no information has been provided to the appellant so far. The
Respondent has brought the information which has been handed over to the appellant infront of
the Commission. The Appellant is satisfied with the information provided infront of the
Commission.
The Respondent states that the persons responsible for giving the information when RTI
application was filed were Mr. Atul Suman, JE and Mr. A. K. Mittal, SE;
Decision:
The Appeal is allowed.
The information has been provided before the Commission.
The issue before the Commission is of not supplying the complete, required information by
Mr. Atul Suman, JE, Mr. Ajay Kumar, AE and Mr. A. K. Mittal, SE within 30 days as
required by the law.
From the facts before the Commission it is apparent that the deemed PIOs are 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 deemed PIOs actions attract the penal provisions of Section 20 (1). A
showcause notice is being issued to them, and they are directed give their reasons to the
Commission to show cause why penalty should not be levied on them.
Mr. Atul Suman, JE, Mr. Ajay Kumar, AE and Mr. A. K. Mittal, SE will present themselves
before the Commission at the above address on 09 July 2010 at 02.30pm alongwith their written
submissions showing cause why penalty should not be imposed on them as mandated under
Section 20 (1). They 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
11 June 2010
(In any correspondence on this decision, mention the complete decision number.)(ND)
CC:
To,
Mr. Atul Suman, JE and Mr. A. K. Mittal, SE through Mr. R. Prasad, PIO & SE;
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