CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/000226/4219Penalty
Appeal No. CIC/SG/A/2009/000226
SHOW CAUSE HEARING
Appellant : Mr. Jathedar Kuldip Singh Bhogal
1, Hari Nagar, Ashram Near Shalimar Cinema,
New Delhi.
Respondent : Mr. Ram Singh,
General Manager and Deemed PIO
Guru Gobind Singh Bhawan,
Gurdwara Rakab Ganj Sahib,
New Delhi-110001.
RTI application filed on : 18/12/2008
PIO replied : 16/01/2009
First appeal filed on : 17/01/2009
First Appellate Authority order : 03/02/2009
Complaint received on : 16/02/2009
Background
:
The Appellant had sought certain information regarding the Delhi Sikh Gurdwara
Management Committee, including whether it is a public authority or not. The Commission
vide its order dated 22/07/2009 allowed the Appeal and decided that the DSGMC was a
public authority. It directed the PIO to provide information to Point No. 6-
Copies of all advertisement released by the Delhi Sikh Gurdwara Management committee
in the newspapers w.ef. 11th November 2008 to 15th December, 2005 along with
advertisement-wise details of amount incurred for making payment to such newspapers
may be furnished?
Brief facts leading to the show cause hearing:
The Commission received a letter dated 11/08/2009 from the Complainant stating that no
information had been provided to the PIO and he was asked to present himself on 04/09/2009
and show cause why penalty under Section 20 (1) should not be levied on him, for failure to
provide the information.
Relevant facts recorded during hearing on 4 September 2009:
The following were present:
Appellant: Mr. Inder Mohan Singh
Respondent: N.S. Bandhan, PIO
It has been submitted that no information has been received till date. The PIO has brought
written submissions wherein he has stated the information sought by the Appellant is with
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Mr. Ram Singh, General Manager of DSGMC. He has sought assistance from Mr. Ram
Singh under Section 5(4) vide letter dated 28/07/2009 and reminders have been sent on
12/08/2009 and 26/08/2009. However he has not received any response to his letters from the
Chairman. It appears that the PIO was not responsible for the non-compliance of the
Commission’s order. The show cause proceedings against him are hereby dropped. It is
decided that a show cause notice will be sent to the GM, DSGMC.
Relevant facts recorded during hearing on 22 September 2009:
Appellant: Mr. Jathedar Kuldip Singh Bhogal
Respondent: Mr. Shamsher Singh on behalf of GM, Mr. Ram Singh, deemed PIO.
Since Mr. Ram Singh did no appear before the Commission next show cause hearing was
scheduled on 16/10/2009.
Relevant facts recorded during hearing on 16 October 2009:
Appellant: Mr. Inder Mohan Singh representing
Respondent: Absent;
Again on 16/10/2009 he did not appear before the Commission hence a final date for
showcause hearing was given. A notice dated 06/01/2010 was sent to Mr. Ram Singh,
General Manager directing him to appear before the Commission on 01/02/2010 alongwith
his written submission.
Relevant facts recorded during hearing on 01 February 2010:
Appellant: Mr. Inder Mohan Singh representing
Respondent: Mr. Ram Singh, GM deemed PIO;
The Appellant has given a letter the Commission stating that the information has been
provided to the Appellant on 15/07/2009 after a delay of 70 days. The Commission has
ordered the information to be provided before 05 August 2009. The respondent Mr. Ram
Singh, General Manager and deemed PIO states that the delay occurred because the account
was absent for 10 days. He also states that there were celebrations and hence he could not
supply the information. The PIO is able to offer no reasonable cause in providing the
information. He has given an excuse of absence of account for 10 days but the actual delay
is 70 days from the date on which the Commission has ordered to give the information. The
information provided is also very innocuous in so far it only states, ” no advertisement was
given in the newspapers w.e.f. 11/11/2008 to 15/21/2008 by Delhi Sikh Gurudwara
Management Committee and there is no question to give information regarding amount
incurred over the said.” This is the kind of information that should have been provided when
the RTI Application was made on 18/12/2008. The PIO by his carelessness in following the
law is displaying complete disrespect to the law.
The Commission sees this as a fit case for levy of penalty since no reasonable cause has been
advanced for not providing the information by 05/08/2009 as per the order of the
Commission. The Commission imposes a penalty of Rs.250/- per day X 70 days =
Rs.17500/- on Mr. Ram Singh, General Manager.
Decision:
As per the provisions of Section 20 (1), the Commission finds this a fit case for
levying penalty on Mr. Ram Singh, General Manager and deemed PIO. Since the delay in
providing the correct information has been 70 days, the Commission is passing an order
penalizing Mr. Ram Singh for Rs. 17500/-.
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The President, of the Delhi Sikh Gurdwara Management Committee is directed to
recover the amount of Rs.17500/- from the salary of Mr. Ram Singh 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.3750/ each month from
the salary of Mr. Ram Singh and remitted by the 10th of every month starting from March
2010. The total amount of Rs.17500/- will be remitted by 10th of July, 2010.
Shailesh Gandhi
Information Commissioner
01 February 2010
CC: 1- President
Delhi Sikh Gurdwara Management Committee.
Guru Gobind Singh Bhawan,
Gurdwara Rakab Ganj Sahib, New Delhi
2- Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi – 110066
(In any correspondence on this decision, mention the complete decision number.)
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