CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000504/7388
Appeal No. CIC/SG/A/2010/000504
Relevant Facts
emerging from the Appeal:
Appellant : Mr. I.S. Yadav,
H. No. 349,
V&P.O. Kapashera,
New Delhi - 110037
Respondent : Public Information Officer &
SDM (South West),
Govt. of NCT of Delhi
Old Terminal Tax Building,
Kapashera, New Delhi - 110037
RTI application filed on : 03/10/2009
PIO replied : 28/01/2009
First appeal filed on : Not enclosed
First Appellate Authority order : 22/12/2009
Second Appeal received on : 24/02/2010
Date of Notice of Hearing : 12/03/2010
Hearing held on : 07/04/2010
Information sought
1. Action taken on SDM (Narela) letter no. SDM/Narela/2008-09/107626 dtd 21/01/2009
received vide dy. No. 5740/R8I dtd 24/03/2009 (copy enclosed).
2. Action taken on letter dtd. 25/05/2009 addressed to DC (South West) (copy enclosed).
3. If no action taken on the above two letters, then the proposed date upto which action will
be taken.
4. Action taken on the applications by Gagan, Vikrant and Preeti Nautiyal for OBC Cert.,
PH I card and SC Cert. respectively. (details of application given)
5. Maximum time for issue of SC/ST/OBC/Domicile and PH I card.
6. Whether there is any proposal to initiate action against officials who are responsible for
issue of above certificates/ I cards after lapse of 21 days/ 1 month/ 1 year and more?
Reply of PIO
The requisite information is called for from SDM (Vasant Vihar).
Grounds for First Appeal:
Not enclosed.
Order of First Appellate Authority:
Since the RTI application had not been received in the Office of Sub Division Vasant Vihar, he
was furnished a copy of the same and directed to supply information within a week. Appeal was
disposed off.
Grounds for Second Appeal:
No reply from PIO (VV) even after the FAA order.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. I.S. Yadav;
Respondent: Absent;
The RTI application appears to have been filed with the PIO/ADM (South West) on
30/10/2009. According to the FAA’s order this information was sought from Vasant Vihar Sub-
Division. As per Mr. B. L. Meena, Naib Tehsildar (Vasant Vihar) who appeared during FAA’s
hearing the RTI application had not been received at the officer of Sub-Division (Vasant Vihar).
The FAA had directed PIO SDM, Vasant Vihar to furnish the information to the appellant within
a week from the date of the order i.e. 22/12/2009. The appellant states that he has not received
any information after this.
Decision:
The appeal is allowed.
The PIO/SDM, Vasant Vihar is directed to provide the information to the Appellant
before 25 April 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.
He will present himself before the Commission at the above address on 13 May 2010 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 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.
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
07 April 2010
(In any correspondence on this decision, mention the complete decision number.) (AS)