CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003302/10451
Appeal No. CIC/SG/A/2010/003302
Relevant Facts
emerging from the Appeal
Appellant : Mr. Harish Raj
3729, Kucha Mottar Khan,
Mori Gate, Delhi- 110006
Respondent : Deemed PIO & Executive Engineer
Municipal Corporation of Delhi
o/o the Superintending Engineer
Idgah Road, Sadar Paharganj Zone,
Sadar Bazar, Delhi- 110006
RTI application filed on : 22/07/2010
PIO replied : Not replied
First appeal filed on : 22/09/2010
First Appellate Authority order : 25/10/2010
Second Appeal received on : 23/11/2010
Information Sought:
The appellant has sought information regarding:
1. What action has been taken on the written representation dated 21.6.2010 and 1.7.2010 sent to the
deputy commissioner MCD and the copies of which were also communicated to other law
enforcement agencies?
2. What is the status?
Reply of the PIO:
No reply given by the PIO.
First Appeal:
No information provided by the PIO.
Order of the FAA:
“I have gone through the appeal. It revealed that the application filed under RTI Act was forwarded to
EE(B)/SPZ under I.D. No. 306/SE/SPZ. But no reply was sent to applicant so far despite reminder issued to
EE(B)/SPZ by SE/SPZ. Therefore, deemed PIO/EE(B)/SPZ is directed to provide the requisite information
to appellant as available on record under the provision of RTI Act within ten working days.”
Ground of the Second Appeal:
No information provided by the PIO. The information was not provided even after the specific order of the
First Appellate Authority.
Decision:
From the submissions of the Appellant it appears that after the order of the FAA no
information has been provided to the Appellant. The First Appellate Authority had on
25/10/2010 directed the Deemed PIO/EE(B) to provide the information to the Appellant with
10 days.
The Appeal is allowed.
The Deemed PIO/Executive Engineer (B) is directed to provide the information to the
Appellant before 05 January 2011 in the following format:
Date on which Name and designation Action taken Date on which forwarded to
Complaint of Next officer/office.
received The officer receiving it.
*there will be as many rows as the number of officers who handled the complaint.
Attested photocopies of all letters and notings will be provided.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIO & EE(B) within 30 days as required by the law.
From the facts before the Commission it appears that the deemed PIO & EE(B) 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 deemed 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.
Deemed PIO & EE(B) will present himself before the Commission at the above address on
14 January 2011 at 11.30am alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1). 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.
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
15 December 2010
(In any correspondence on this decision, mention the complete decision number.) (ST)