CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/001619/4525
Appeal No. CIC/SG/A/2009/001619
Appellant : Mr. Kishore Sharma
9406, Ganesh Line Gate, Guashala Marg,
Delhi-110006.
Respondent : Mr. A.K.Verma
ALO
Municipal Corporation of Delhi
Vigilance Department,
16, Rajpur Road, Civil Lines,
Delhi-110054.
RTI application filed on : 08/12/2008
PIO replied : 16/12/2008
First Appeal filed on : 14/04/2009
First Appellate Authority order : 14/05/2009
Second Appeal received on : 06/07/2009
Information sought:
1. How the Planning department gave the permission to close the doors, windows of the
shopkeepers when the case was sub-judice in Tis Hazari court.
2. Who will compensate those shopkeepers who had bore the losses?
3. Had the police verified the registry certificate of the said land at the time of closing of
doors, windows of shops? If not seen then was not it a case of defiance of building bye-
laws?
Reply of PIO:
The PIO forwarded the RTI Application of the Appellant to PIO/SP Zone through DC/SP Zone
for providing information.
Grounds for First Appeal:
Non-receipt of information from the PIO.
Order of the First Appellate Authority:
The FAA in its order directed the PIO (SE/SPZ) to provide the information available on record to
the Appellant within 10 working days.
Grounds for Second Appeal:
Not clear from the application of the Appellant.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Kishore Sharma
Respondent: Mr. A.K.Verma ALO and Mr. Harvinder Singh EE(Building)
The PIO had forwarded the application to PIO Sadar Paharganj Zone and the First Appellate
Authority Ms. Renu Jagdev has ordered on 14/05/2009 that PIO SPZone should give the
information within 10 days, yet no information has been provided to the Appellant. Mr.
A.K.Verma has produced a letter dated 01/06/2009 supposedly signed by AE-SPZone and
EE(M) SPZone it is handwritten letter dated 01/06/2009 which states that “there is no permission
that has been granted by works department SPZone to shift/construct the MC Primary School,
DCM at Ganesh Line, Kishanganj. More over the site where new primary school has been
constructed falls under the jurisdiction of KB Zone.”
What emerges is that MCD does not know who is responsible for anything at all. So far after
9 Months no information has been provided to the Appellant and MCD officials have been
wasting time producing no information. Mr. Harvinder Singh states that the information
regarding the shifting of the MC Primary School in layout plan in DCM complex was processed
by Town Planning Department with the approval of Standing Committee and the same can be
obtained form Town Planning Department, MCD. The Commission directs Mr. Harvider Singh
to obtain this information from Town Planning Department and provide it to the Appellant.
Decision:
The appeal is allowed.
Mr. Harvider Singh will obtain this information from Town Planning Department and provide it
to the Appellant before 31 August 2009.
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 Sadar Paharganj Zone
Mr. C.B.Singh 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 02 September 2009 at
10.30pm 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
21 August 2009
(In any correspondence on this decision, mention the complete decision number.) (GJ)
CC:
Mr. C.B.Singh
PIO, MCD
Sadar Paharganj Zone,
Idgah Road, New Delhi