CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003516/10721
Appeal No. CIC/SG/A/2010/003516
Relevant Facts
emerging from the Appeal
Appellant : Mr Dhruv Kumar Sharma
s/o Shri B.K. Sharma
Chamber no. 306 Civil Side, Tis Hazari Courts,
Delhi- 110054
Respondent : Public Information Officer & SE
Civil Lines Zone,
Municipal Corporation of Delhi
16, Rajpur Road,
New Delhi-110054
RTI application dated : 15/09/2010
RTI application filed on : 20/09/2010
PIO replied : not replied
First appeal filed on : 02/11/2010
First Appellate Authority order : 26/11/2010
Second Appeal received on : 15/12/2010
Information sought:
1. Provide details on action taken on complaint dated : 01/01/2010
2. Details on action taken on letter dated 21/07/2009 in which information was
sought in construction activities on plot bearing No. 1598 Madrasa road K. Gate,
Delhi-6.
3. Furnish the copy of letter forwarded by Deptt of Vigilance dated 21/04/2010 to
DC/ Civil lines zone for taking appropriate actions.
4. Furnish details of actions taken on complaint dated 30/06/10 sent through U.P.C.
dated 01/07/2010 in regard of sanctioning of site plan illegally to construct a
building on above said plot.
5. Give details on action taken on complaint dated : 14/09/10 and diary No. 14401
lodged in the office of Dy Commissioner Office, MCD.
PIO’s reply :
PIO MCD transferred the application to PIO SE, Civil Lines Zone dated 23/09/10
First Appeal:
The PIO MCD transferred the application to the PIO SE who did not provide information
within the stipulated time frame.
Order of the FAA:
“………Not being replied by the PIO within the stipulated time frame he filed the first appeal
before the undersigned on 02/11/2010.
I have gone through the RTI application and Ist Appeal filed by the appellant. From his
application it has been revealed that the applicant put some queries about a complaint made by
him on 01-01-2010 about construction activities in P.No.1958, Madrasa Road. Kashmere Gate,
Delhi-6.
On enquiries from the office of S.E[C.L.Zone]/PIO, it has been gathered that the requisite
information pertaining to Tr.ID No.486 has not been sent to the appellant till date. The PIO is
directed to furnish detailed and complete information asked by the appellant within a period of
10 working days.”
Ground of the Second Appeal:
No information received from the PIO despite orders from FAA.
Decision:
The appellant has stated that despite the clear order from the FAA no
information has been provided.
The Appeal is allowed.
The PIO is directed to provide the information as directed by the First
Appellate Authority to the appellant before 20 January 2011.
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 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.
He will give his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1) before 20 January, 2011. He will also send
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.
Shailesh Gandhi
Information Commissioner
30 December 2010
(In any correspondence on this decision, mention the complete decision number.) (ST)