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Decision No. CIC/SG/A/2009/003193/6338a-Penalty
Appeal No. CIC/SG/A/2009/003193
SHOWCAUSE HEARING:
Appellant : Mr. I S Yadav,
H No 349, VPO Kapashera,
New Delhi- 110037.
Respondent : Mr. Ombir
LDC and Deemed PIO
Government of NCT of Delhi.
O/o Dy Commissioner (South West),
Old Terminal Tax Building, Kapashera,
New Delhi- 110037.
RTI application filed on : 29/07/2009
PIO replied : No reply.
First appeal filed on : 12/10/2009 (not enclosed)
First Appellate Authority order : 28/10/2009
Second Appeal received on : 21/12/2009
Information Sought
a) Total no of pending SC, ST, OBC and domicile certificates in Vasant Vihar and Delhi Cant
sub division as on 31/12/2008.
b) Total no of fresh applications received for SC, ST, OBC and Domicile certificate during the
year 2009 (month wise).
c) No of certificates issued category wise (within 30 days and within 1, 2, 3 and 4 months
separately).
d) Whether all the certificates had been issued as per the time limit of 21 days.
e) The name and designation of employees responsible for the delay.
f) Time taken by the Patwari to verify the status of caste/creamy layer for issuing the certificates.
g) Whether any kind of verification is needed for physically handicapped persons and the time
frame within which the certificate has to be issued.
h) Whether verification is needed for issuing a domicile certificate.
i) Action taken on the basis of a letter sent to the SDM (Narela, 2008-09, 107627 dated
21/01/2009 received by the central diary of DCSW vide Dy no 5740/R&I dated 24/03/2009).
Reply of the PIO
No reply given by the PIO.
First Appeal:
No information provided by the PIO.
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Order of the FAA on 28/10/2009:
" No reply has been sent to the applicant even after passing of 75 days which is a gross violation
of RTI Act and absolutely unwarranted and unacceptable. SDM (VV) is directed to provide the
requisite reply immediately within 2 days."
Ground of the Second Appeal:
Non compliance of FAA's order. No information had been provided to the Appellant.
Decision dated 8 January 2010:
It appeared that no information had been provided to the appellant. Even after the order of the
First Appellate Authority on 28/10/2009 no information was provided to the appellant. Hence it
appeared that the FAA's order had also not been implemented.
The appeal was allowed.
The PIO was directed to provide the complete information to the appellant before
30 January 2010.
As the issue before the Commission was of not supplying the complete, required information by
the PIO within 30 days as required by the law and the PIO had further refused to obey the orders
of his superior officer, which raised a reasonable doubt that the denial of information may also
have been malafide, it appeared that the PIO's actions attracted the penal provisions of Section
20 (1).
A showcause notice was issued to him, and he was directed give his reasons to the Commission
to show cause why penalty should not be levied on him.
He was further directed to present himself before the Commission at the above address on
9 February 2010 at 10.00am alongwith his written submissions showing cause why penalty
should not be imposed on him as mandated under Section 20 (1). He was also directed to
submit proof of having given the information to the appellant.
Relevant facts arose during the show cause hearing held on 09/02/2010
"The following persons were present:
Respondent: Mr. B L Meena on behalf of the PIO Mr Vivek Kr Tripathy.
Mr B L Meena states that the person responsible for the delay in providing information was Mr
Vivek Kr Tripathy, SDM, Vasant Vihar. He says that Mr V K Tripathy is on leave and is joining
work on 10 February. Mr BL Meena is directed to inform Mr VK Tripathy to appear before the
Commission to show cause why penalty under section 20 (1) should not be levied on him. Mr
VK Tripathy is directed to present himself before the Commission on 15 February 2009 at 4.30
pm along with his written submission. In case any other officer is responsible for the delay Mr
Tripathy will bring proof of this and get the officer along with him to show cause why penalty
should not be levied on him."
Relevant Facts
emerging during Showcause Hearing on 15 February 2010:
The following were present:
Appellant: Absent;
Respondent: Mr. B L Meena on behalf of the PIO Mr Vivek Kr Tripathy;
Mr. Ombir, LDC and Deemed PIO;
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The RTI application sent on 30/07/2009 was received on 10/08/2009 and marked to the
dealing assistance Mr. Ombir, LDC & deemed PIO. The information should have been provided
to the Appellant by 10/09/2009. The PIO shows that the information was sent to the Appellant on
30/10/2009. Thus there was a delay in sending the information of 50 days. This delay is due to
Mr. Ombir LDC whose assistance has been sought by the PIO under Section 5(4) of the RTI Act.
Hence the liability under Section 20(1) of the RTI Act is on Mr. Ombir whose assistance had
been taken. The Commission asked Mr. Ombir LDC to give reasons for the delay in providing
the information. He says that the papers probably got mixed up since he also issues the caste
certificates for SC/ST, OBC and others. He apologizes for this mistake.
The Commission cannot accept this as a reasonable cause for the delay and therefore
penalized Mr. Ombir UDC and Deemed PIO for the delay of 50 days under Section 20(1) of the
RTI Act. The Commission penalizes Mr. Ombir Rs.250 X 50 Days = Rs. 12500/-
Decision:
As per the provisions of Section 20 (1), the Commission finds this a fit case for levying
penalty on Mr. Ombir, LDC and Deemed PIO. Since the delay in providing the information has
been 50 days the Commission is passing an order penalizing Mr. Ombir, LDC Rs. 12500/- which
is the maximum penalty under the Act.
The Chief Secretary, Govt. National Capital Territory, Delhi is directed to recover the
amount of Rs. 12500/- from the salary of Mr. Ombir, LDC and remit the same by a demand draft
or a Banker’s Cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi
and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary of the
Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi – 110066. The
amount may be deducted at the rate of Rs.2500/- per month every month from the salary of Mr.
Ombir, LDC from March 2010. The first payment will be made before 10 March 2010 and the
last payment will be made before 10 July 2010.
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 February 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)
CC:
1- Chief Secretary
Govt. Of NCT Delhi
Delhi Secretariat
I.P. Estate, New Delhi 110002
2- Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi - 110066
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