CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2008/00194/2400
Appeal No. CIC/SG/A/2008/00194
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Mukesh Vaidh,
7/76B Bhim Gali,
Vishwas Nagar Shahdara,
Delhi-110032.
Respondent : Public Information Officer
(Shahadara South Zone)
Municipal Corporation of Delhi
Karkardooma,
Shahdara, Delhi.
RTI Application filed on : 31/03/2008
PIO replied : Not mentioned
First appeal filed on : 28/04/2008
First Appellate Authority order : Not mentioned
Second Appeal filed on : 28/11/2008
Information Sought:
The Appellant had asked following information from MCD:-
1. Union had complaint against Mr. Jitendra s/o Ram Kishan residents 5/20 Gajju
katra Valmiki Basti Shahdara Delhi-32 for construction of illegal toilet and
bathroom on road. But no action has been taken from the MCD till date. Why?
Please give the answer?
2. Is these Toilets or Bathroom are legal or not. Please give the answer?
3. If these are illegal then what is the issue for not taking any action?
PIO’s Reply:
Not mentioned
The First Appellate Authority ordered:
Not mentioned
Relevant facts emerging during hearing:
The following were present
Appellant : Mr. Mukesh Vaidh
Respondent : Absent
The appellant has not been given any information at all..
Decision:
The appeal is allowed.
The appellant will be given the information before 15 April 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 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 20 April, 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
24th March 2009
(In any correspondence on this decision, mentioned the complete decision number.)