CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000271/11797Adjunct
Appeal No. CIC/SG/A/2011/000271
Appellant : Mr. Dinesh Chand Jain
Quarter no.2, double Storey, Welcome
Phase-3, Delhi-110053
Respondent : Mr. Ravideep Singh Chahar,
Public Information Officer
& Assistant Commissioner,
Municipal Corporation of Delhi,
(Shahdara North Zone), Keshav Chowk,
Shahdara, Delhi
RTI application filed on : 03.08.2010
PIO replied on : 07.11.2010
First appeal filed on : 14.09.2010
First Appellate Authority order : Not mentioned.
Second Appeal received on : 28.01.2011
S.No. Information sought by the appellant Reply of the PIO
Please provide the following information regarding ward The number of toilets in ward no. 259 is one and
no. 248, 250 and 259. is functioning. The information regarding the size
1. Please provide the size of the public land on which the of the land can be known from the Engineering
toilets have been built. Department.
2. Also inform whether these public toilets are functioning, The number of toilets in ward no. 259 is one and
closed or have been encroached? is functioning. There is no encroachment.
3. If these public toilets are functioning then please provide
the names, post and contact details of the concerned
officers.
4. If these toilets have been encroached by public then The workers working at the said toilet are
please provide the names, posts and contact details of i) Vinash/ Gullu- D/W cleanliness worker
the officers responsible for informing the authorities of ii) Ramkaran/ Bhagwan das- permanent
the encroachment. cleanliness worker.
5. Please provide information on what kind of
encroachment was the department aware of? There is no illegal encroachment.
6. Please tell since when were they aware of such
encroachment?
7. What steps have been taken till now to remove the Same as above.
encroachment?
Since there is no encroachment, the question is
8. If no steps have been taken then please tell why not? irrelevant.
Are these officers guilty of violating section 217 of
9. Indian Penal Code and section 13(1)(d) of Prevention of
Corruption Act, for not performing their duties
according to their roles and responsibilities?
10. What action will be taken against these officers and by
when?
11. I would like to inspect the records regarding these
encroachments, please tell me the date, time and place
when I can inspect the records.
Grounds for First Appeal:
No Reply was given till the date of filing of first appeal.
Order of the FAA:
Not mentioned.
Ground of the Second Appeal:
Unsatisfactory information provided.
Relevant Facts
emerging during Hearing held on April 1, 2011:
The following were present:
Appellant : Mr. Dinesh Chand Jain;
Respondent : Mr. Ravideep Singh Chahar, PIO & Assistant Commissioner;
“The Respondent states that the RTI application was received on 18/10/2010 and information
was sought from the Sanitary Inspectors (SI) of Ward 248, 250 & 259. The information was received
form the SI of Ward 259 which was sent to the Appellant and no information had been received from
SIs of Ward no.248 and 250. After the order of the FAA on 03/02/2011 the respondents claim that the
information from two wards was sent on 10/02/2011 by speed post. They have produced the
photocopies of the speed post receipt of that day. The Appellant claims that he has not received this
information. However, a duplicate copy of the information has again being given to the Appellant
before the Commission.”
Decision dated April 1, 2011:
The Appeal was allowed.
“The information available on the records has been provided.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIOs & Sanitary Inspectors of Ward no.248 and 250 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.
The deemed PIOs & Sanitary Inspectors of Ward no.248 and 250 will present themselves before the
Commission at the above address on 29 April 2011 at 10.30AM alongwith their written submissions
showing cause why penalty should not be imposed on them as mandated under Section 20 (1). They
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.”
Relevant facts emerging at the show cause hearing held on April 29, 2011:
The following were present:
Respondents: Mr. Vijendra Singh, SI (Ward No. 248), Mr. Shabuddin, SI (Ward No. 250) and Mr.
Raman Kumar, RTI Clerk.
The Commission noted that the RTI application dated 03/08/2010 was received at the office of the PIO
& AC on 18/10/2010 and forwarded to inter alia SI (Ward No. 248) and SI (Ward No. 250). Mr.
Vijendra Singh stated that information was furnished by him vide letter dated 19/11/2010, which was
sent to the PIO & AC via the Sanitation Superintendent on the same day. Mr. Raman Kumar stated
that the reply prepared by SI (Ward No. 248) was not forwarded to the Appellant from the office of the
PIO & AC and the person responsible for the same was Mr. Gyan Chand Sharma, UDC (now retired).
Mr. Shabuddin stated that information was provided by him vide letter dated 02/11/2010. The said
reply was required to be sent to the PIO & AC by the Sanitation Superintendent, who failed to do so
and therefore, the information furnished by SI (Ward No. 250) was not sent to the Appellant. Mr.
Shabuddin stated that Mr. J. K. Gupta was the then Sanitation Superintendent.
Adjunct Decision announced on May 2, 2011:
In view of the aforesaid, the Commission hereby directs Mr. Ravideep Singh Chahar, PIO & AC, Mr.
J. K. Gupta, the then Sanitation Superintendent, Mr. Vijendra Singh, SI (Ward No. 248), Mr.
Shabuddin, SI (Ward No. 250), Mr. Raman Kumar, RTI Clerk and Mr. Gyan Chand Sharma, UDC
(now retired) to present themselves before this Commission on June 1, 2011 at 4:30 pm along with
their written submissions to show cause why penalty should not be imposed and disciplinary action
recommended against them under Section 20 of the RTI Act.
Further, they may serve this notice to any other official(s) who are responsible for the delay in
providing the information, and may direct them to be present before the Commission along with them
on the aforesaid scheduled date and time. They shall also produce copies of documents/ proof which
they have relied upon before the Commission on the said date.
The Commission hereby further directs Mr. Ravideep Singh Chahar, PIO & AC to serve a copy of
this show cause notice to every person mentioned above.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
May 2, 2011
CC: (1) Mr. J. K. Gupta, the then Sanitation Superintendent;
(2) Mr. Vijendra Singh, SI (Ward No. 248);
(3) Mr. Shabuddin, SI (Ward No. 250);
(4) Mr. Raman Kumar, RTI Clerk; and
(5) Mr. Gyan Chand Sharma, UDC (now retired)
(Through Mr. Ravideep Singh Chahar, PIO & AC, MCD (Shahdara North Zone).
(In any correspondence on this decision, mention the complete decision number.)(RJ)