CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000080/6872
Appeal No. CIC/SG/A/2010/000080
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Hitender Kumar
Varun Medicose Building, Near Alok punj School,
Karawal Nagar, Delhi – 110094.
Respondent : Mr. Ravideep Singh Chahar
PIO & AC
Municipal Corporation of Delhi
O/o the Dy. Commissioner
Shah. North Zone, Keshav Chowk,
Shahdara, New Delhi - 110053.
RTI application filed on : 17/08/2009
PIO replied : Not replied
First appeal filed on : 11/10/2009
First Appellate Authority order : 26/11/2009
Second Appeal filed on : 26/12/2009
Second Appeal received on : 07/01/2010
Hearing Notice sent on : 14/01/2010
Hearing held on : 17/02/2010
Information Sought:
a) Number of Safai Karmacharis in the ward No. 271 (K. Nagar West) detailed for cleanliness.
b) Name and place where these had been posted including details of sanity inspector/ASI.
c) Number of Buggis with name of their owner, rickshaws, trucks with its registration number and
driver’s name.
d) Number of employees deputed for the house of area councilor.
e) Copy of attendance register mentioning attendance of all the employees (In regard to whom
information had been sought) and whether there were any irregularity.
Reply of the PIO:
Not replied.
Ground of First Appeal:
Non-receipt of information from the PIO within the stipulated time.
First Appellate Authority ordered:
The FAA in its order stated that Mr. Shehander Singh, SS had informed that the reply has been
prepared and forwarded to the PIO on 06/10/2009. The FAA further directed the AC/PIO to supply the
information to the Appellant within three days from issue of the order.
Ground of the Second Appeal:
Non compliance of the order of the FAA by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Hitender Kumar;
Respondent : Mr Gajendra Singh, CSI on behalf of Mr. Ravideep Singh Chahar PIO & AC;
Mr. Raman Kumar, RTI Clerk;
The PIO claims that he sent the information to the Appellant on 20/10/2009. The Appellant
claims that he has not received this. The Appellant was given the information infront of the
Commission and he shows that this information is also incomplete in the following respect:
1- Query-2: Information about the number of people in the various beats has not been
provided along with the list.
2- Query-3: The complete information will be provided to the Appellant.
3- Query-5: The complete information giving photocopies of the attendance register will be
provided.
The RTI application was filed on 17/08/2009. According to the appellant he is receiving the
information only before the Commission. The PIO claims that the information was sent on 20/10/2009.
It is significant that before the First Appellate Authority it was claimed by Mr. Sahender Singh, SS that
the information had been prepared and forwarded to the PIO on 06/10/2009. Mr. Raman Kumar states
that the information had been sent on 20/10/2009 to the Appellant by speed post. The PIO Mr.
Ravideep Singh Chahar will get the speed post receipt by which it is claimed to have sent the
information on 20/10/2009.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before 05
March 2010.
The issue before the Commission is of not supplying the complete, required information by the
PIO 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. 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.
Mr. Ravideep Singh Chahar will present himself before the Commission at the above address on 19
March 2010 at 3.00pm alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1). He 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
17 February 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)