CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/001733/4755
Appeal No. CIC/SG/A/2009/001733
Relevant Facts
emerging from the Appeal
Appellant : Mr. Kuldeep Singh Yadav
S/o Sh. Mukhtyar Singh
B-116, Shiv Park, Nangloi,
Delhi – 110041.
Respondent : Public Information Officer
O/o the Distt. Election Officer
Govt. of NCT of Delhi
Distt. North West, Kanjhwala,
Delhi – 110081.
RTI application filed on : 11/02/2009 PIO replied : 05/04/2009 First appeal filed on : 18/03/2009 First Appellate Authority order : Not Ordered Second Appeal received on : 17/07/2009
The Appellant in his RTI application has sought following information regarding a
constituency of Mundka A, C-8,
S. No. Information Sought PIO’s Reply
1. Details of date of campaign which From date 12-01-2009 to 31-01-2009.
was being conducted in 2009 for
filling up application for Voter-I
card.
2. Total Number of form -6 which In 21995 AcC-08.
had been applied for new voter I-
card.
3. Total number of form no. 7, 8, 8A Form No. 7 -104,
which had been applied for Form No. 8 – 2293
modification in I-cards. Form No. 8A – 8134
4. Number of places where 17 places
application form had been
collected in the said campaign.
5. Details of formalities which was There is no difference between landlords
mandatory for land owners and and tenants to have a voter I-card.
tenants.
6. Details of time by which Inspection has been done and final draft
inspection of forms will be has been published on 20.02.2009.
completed.
7. Details of the people who will By BLO
inspect all the forms.
8. Details of all the BLO who were Copy has been given.
working in the said area for the
campaign with their name and
designation.
9. Total number of officials working As above
in EPIC center, Kanjhawala with
name, designation and phone
number and work zone.
10. The time when the name of those Completion process is continuing. One can
who could not submit form, would send his application.
be registered.
11. The way voter I-card can be 7950 new voter list has been given to BLO
provided to those whose name was which is to be distributed. If photo is not in
not in voter list and those who voter list, one can send form no. 00113 on
have not been allotted voter I-card. any working day.
12. Permission to inspect of all the In this matter, contact to ERO/AERO AC –
application form. 08.
13. Copy of the citizen charter related There no such citizen charter available in
to the department. North-West district.
14. Number of Form found correct and Total No of Approved form No.6 - 7880
incorrect. Total No of Rejected Form No. 6 - 14115
15. Copy of the new voter list. In this matter, contact to ERO/AERO AC -
08.
Ground of First Appeal:
Incomplete and unsatisfactory reply received form the PIO.
First Appellate Authority ordered:
Not ordered.
Ground of the Second Appeal:
No action taken by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Mr. Rajan Gupta SDM, Elections and PIO
The PIO admits that instead of sending the information by 14/03/2009 as required by law
withing 30 days he said the information on 05/04/2009. He claims that
” This was not a deliberate attempt but due to pressure of Lok Sabha elections.”
The Right to Information Act provisions cannot be suspended or be given lower priority
compared to any other process of democracy. This delay in providing the information is not
acceptable and Parliament has not provided for such a delay in the RTI Act.
Decision:
The Appeal is allowed.
The information appears to have been provided.
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. 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 give his written submissions showing cause why penalty should not be imposed on
him as mandated under Section 20 (1) before 25 September 2009. 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
10 September 2009
(In any correspondence on this decision, mention the complete decision number.)
(GJ)