CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/003193/6338a
Appeal No. CIC/SG/A/2009/003193/
Relevant Facts
emerging from the Appeal
Appellant : Mr. I S Yadav,
H No 349, VPO Kapashera,
New Delhi- 110037.
Respondent : Public Information Officer
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.
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:
It appears that no information has 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 appears that the FAA’s order has also not been implemented.
The appeal is allowed.
The PIO is directed to provide the complete information to the appellant
before 30 January 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 complete 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 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 will also submit proof of having
given the information to the appellant.
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
8 January 2009
(In any correspondence on this decision, mention the complete decision number.)
(RR)