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Decision No. CIC/SG/C/2010/001030/9607Adjunct
Complaint No. CIC/SG/C/2010/001030
Complainant : Mr. Kail Kumar,
New MCD Flat No. 101, Nimri Colony,
Phase- II, Delhi- 110052
Respondent : Mr. S.K. Chauhan
Deemed PIO & Ex. Engineer(B),
Municipal Corporation of Delhi (KBZ),
Nigam Bhavan, D. B. Gupta Road,
Dev Nagar, New Delhi- 110005
Facts
arising from the Complaint:
The Complainant filed a RTI application with the Deputy Commissioner, MCD (KBZ)
on 07/06/2010 asking for certain information. However on not having received the
information within the mandated time, the Complainant filed a Complaint under Section
18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to
the concerned PIO on 09/08/2010 with a direction to provide the information to the
Complainant before 03/09/2010 and further sought an explanation for not furnishing the
information within the mandated time.
On perusal of the papers, the Commission observed that by letter dated 17/08/2010, the
Commission’s notice along with the RTI application dated 07/06/2010 was forwarded to
the EE (B) by the PIO/SE. However, the Commission has neither received a copy of the
information sent to the Complainant, nor has it received any explanation from the PIO for
not supplying the information to the Complainant. Moreover, the Commission has
received a letter from the Complainant on 29/09/2010 alleging that the information
sought has not been provided till date. Therefore, the only presumption that can be made
is that the PIO has deliberately and without any reasonable cause refused to give
information as per the provisions of the RTI Act. Failure on the part of the PIO to
respond to the Commission’s notice shows that there is no reasonable cause for the
refusal of information.
Decision dated 04/10/2010:
“The Complaint is allowed. In view of the aforesaid, the PIO/SE is hereby directed to
provide the complete information in regard to the RTI application dated 07/06/2010 to
the Complainant before October 19, 2010 with a copy to the Commission.
From the facts before the Commission, it appears that the PIO/SE and the deemed
PIO/EE (B) have not provided the correct and complete information within the mandated
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time and has failed to comply with the provisions of the RTI Act. The delay and inaction
on the part of the PIO/SE and the deemed PIO/EE (B) in providing the information
amounts to willful disobedience of the Commission’s direction as well and also raises a
reasonable doubt that the denial of information may be mala fide.
The PIO/SE and the deemed PIO/EE (B) are hereby directed to present themselves before
the Commission on November 18, 2010 at 2:30 pm along with their written submissions
to show cause why penalty should not be imposed and disciplinary action be
recommended against them under Sections 20(1) and 20(2) of the RTI Act. Further, the
PIO/SE and the deemed PIO/EE (B) may serve this notice to such person(s) who are
responsible for the delay in providing the information and may direct them to be present
before the Commission along with them on the aforesaid scheduled date and time. If the
information has already been supplied to the Complainant, bring a copy of the same to
the Commission with the written submissions and also proof of seeking assistance from
other person(s), if any.”
Facts leading to the hearing 11/01/2010:
On 18/11/2010, the PIO & SE, Mr. Suresh Chandra appeared and submitted his
written submissions stating that the RTI application dated 07/06/2010 was received in his
office on 09/06/2010. Mr. Suresh Chandra also submitted that he had sought assistance
from the EE(B) Mr. S.K. Chauhan on 09/06/2010 U/s 5(4) of the RTI Act for providing
the complete information. However, the deemed PIO & EE(B) had provided the
information to the PIO & SE on 24/09/2010 and the same had been provided to the
Complainant on 24/09/2010. On perusal of the reply provided to the Complainant on
24/09/2010, the Commission observed that in response to the Query no. 6 the
Complainant was requested to deposit `160/- for obtaining copy of sanctioned plan.
However, the reply was provided after the mandated time period i.e. 30 days.
In view of this, the Commission directed the PIO & SE Mr. Suresh Chandra to
provide the copy of sanctioned plan to the Complainant free of cost before 29/12/2010.
The Commission decided to schedule another showcause hearing on 11/01/2011 at
10:30am. The Commission further directed the Deemed PIO & EE(B) Mr. S.K. Chauhan
to appear before the Commission on 11/01/2011 at 10:30am along with his written
submissions to show cause why penalty should not be imposed on him under Section
20(1) of the RTI Act.
Relevant facts emerging during the hearing on 11/01/2011:
Respondent: Mr. S.K. Chauhan, Deemed PIO & EE(B)
Deemed PIO & EE(B) Mr. S.K. Chauhan has submitted that the RTI application
dated 07/06/2010 was received in his office on 09/06/2010 and he had further forwarded
the same to the then AE(B), OI(B) and R.K. on 11/06/2010. The then AE(B-IV) had
forwarded the said RTI application the then JE(B) Mr. V.K. Singh on 16/06/2010.
Further, the OI(B) & R.K. had submitted their reports respectively on 16/06/2010 &
23/06/2010. Since the information sought is related to the concerned site, the said reports
were also sent to the Deemed PIO & the then JE(B) Mr. V.K. Singh for furnishing the
complete information. Mr. Chauhan has further submitted that despite of various
reminder letters and memos issued to Mr. V.K. Singh, he had not provided any
information.
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In compliance of the Commission’s direction the copy of sanctioned plan had
been provided to the Complainant on 24/12/2010 free of cost.
In view of the above stated facts, the Commission feels that in the absence of the
then JE(B) Mr. V.K. Singh, it is very difficult to decide the person responsible for not
providing the information within the stipulated time period.
Adjunct Decision on 11/01/2011:
Therefore, the Commission has decided to schedule another
showcause hearing on 19/01/2011 at 10:30 am. The Commission directs the
EE(B) Mr. S.K. Chauhan and the then JE(B) Mr. V.K. Singh to appear
before the Commission on 19/01/2011 at 10:30 am alongwith their written
submissions showing cause why penalty should not be levied on them as
mandated under Section 20 (1) & (2) of the RTI Act for not providing
correct and complete information to the Appellant as per the RTI Act, 2005.
They are also required to bring any document they may have relied on in
their written submissions.
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 the RTI
Act.
Shailesh Gandhi
Information Commissioner
11 January 2011
CC: The Deemed PIO/the then JE (B) Mr. V.K. Singh (through Mr. S.K. Chauhan).
(In any correspondence on this decision, mention the complete decision number.)(DG)
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