CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002710/5983
Appeal No. CIC/SG/A/2009/002710
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Mazhar Khan,
House No. 2625, Katra Manir Khan,
Baradari Sher Afghah, Ballimaran,
Delhi - 110006.
Respondent : Mr. Sushil Kumar
Public Information Officer &
Superintendent Engineer
Municipal Corporation of Delhi,
O/o The Asstt. Commissioner,
Citi Zone, MLUG Car Parking,
Asaf Ali Road, Delhi.
RTI application filed on : 25-07-2009
PIO replied : 11-08-2009
First appeal filed on : 18-09-2009
First Appellate Authority order : Not replied
Second Appeal received on : 26-10-2009
Date of Notice of Hearing : 05/11/2009
Hearing Held on : 17-12-2009
Information Sought:
The Appellant had sought following information from PIO – MCD, Asif Ali Road, Delhi
regarding unauthorized construction done of first, second, third floor of 2645, 2646, 2647 by
Mukesh Jain and Javed -Guddu has been booked by you or not.
If yes, kindly supply the demolition order or show cause notice to the undersigned.
The PIO’s reply.
Appeal had been transferred to the Suptt. Engineer/C2 by the PIO. Information had not
been supplied to the Appellant.
Ground of the First Appeal:
Information had not been provided to the appellant..
Order of the FAA:
No order had been passed by the FAA.
Ground of the Second Appeal:
Application had been transferred to the SE by the PIO and no any order had been provided
by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Mazhar Khan;
Respondent : Mr. Ansar Alam, Executive Engineer(B) on behalf of Mr. Sushil Kumar, Public
Information Officer & Superintendent Engineer;
Mr. K.K. Kaushik,Junior Engineer & Deemed PIO;
The PIO shows that he has given the information to the Appellant on 24/11/2009 and that
a showcause notice was issued for unauthorized construction on 23/11/2009. It is evident that
after receipt of the Commission’s notice of hearing the deemed PIO Mr. K.K. Kaushik decided to
take action fearing the Commission’s wrath. He has given the information that an unauthorized
contraction is going on. He had refused to give the information within 30 days of RTI application
which was on 25/08/2009 and gave the information only on 24/11/2009. It appears he was trying
to protect unauthorized construction.
Decision:
The Appeal is allowed.
The information has now been provided.
The issue before the Commission is of not supplying the complete, required information by
the deemed PIO Mr. K.K. Kaushik, Junior Engineer within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIO Mr. K.K. Kaushik,
Junior Engineer 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 present himself before the Commission at the above address on 15 January 2010 at
3.30pm alongwith his written submissions showing cause why penalty should not be imposed on
him as mandated under Section 20 (1).
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
17 December 2009
(In any correspondence on this decision, mention the complete decision number.) (BK)