CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002323/15138
Appeal No. CIC/SG/A/2011/002323
Relevant facts emerging from the Appeal:
Appellant : Mr. Nafis,
A-99, Zamrudpur, Greater Kailash-I,
New Delhi-110048.
Respondent : Mr. S. K. Gupta
PIO & Assistant Commissioner
MCD, Central Zone,
Jal Vihar, Lajpat Nagar, New Delhi.
RTI application filed on : 25/05/2011
PIO replied on 11/08/2011 received after FAA order.
First Appeal filed on : Not Mentioned.
First Appellate Authority order of : 04/08/2011
Second Appeal received on : 25/08/2011
Information Sought:
1. If any order was issued/given to the Prosecution Department. for making 100 challans.
2. According to the Challan Book, how many challans was been made on 23/05/2011?
3. How many challans book was used in issuing such challans?
4. What was the crime made by the victims of the Challans.
5. How much payment was made by the victims in the MCD Court.
6. Who were the officers on the Duty at the time of challans on 23/05/2011, at Zamrudpur? Give
information in the form of names, and Rank.
7. All the chalans be fined or not.
8. If there is any such chalan left which not be paid in MCD Court even after challaned by authority.
9. How many chalans was made by the Prosecution Department., in Ward No. 19-Greater Kailash.
What was the crime against which these challans were made.
The PIO Reply
1. There is no order issued by the department.
2. The appellant had not given any detail about the chalan book, so we are not able to give answer.
3. The chalan book was issued to the Prosecution Inspector and Dy. Prosecution Inspector. All these
challans are present in the court. The information about this can be gained by the Court.
4. The challans were made by the Prosecution Inspector and dy. Prosecution Inspector and the
scheduling was done by the court.
5. This information may be get/obtained by the court.
6. There is no team formed by this Department.
7. This information can be get by the court.
8. This information can be get by the court.
9. The chalan book was issued to the Prosecution Inspector and Dy. Prosecution Inspector. All these
challans are present in the court. The information about this can be gained by the Court.
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Grounds for the First Appeal:
The first Appeal was not mentioned by the Appellant.
Order of the First Appellate Authority (FAA):
Mr. K. S. Lamba, SS was present from the Department. "Appeal was heard in detail. Appellant had
preferred the appeal on the grounds that the requisite information has not been provided to him so far by
the PIO. Shri Lamba informed that part of the information is related to Prosecution Department. In view
of above, Shri Lamba, SS, DEMS is hereby directed to provide requisite information related to DEMS,
Central Zone to the appellant within 15 days of issue of this order. It is further directed that a copy of RTI
Application be transferred to Prosecution Department for directly providing information related to their
department to the appellant. He is also warned to be cautious in future in providing information within the
stipulated period, as per the provisions of RTI Act, 2005"
Ground of the Second Appeal:
Unsatisfactory information had been given by the PIO.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Mr. Nafis;
Respondent : Mr. S. K. Gupta, PIO & Assistant Commissioner; Mr. K. S. Lamba, SS & Deemed PIO;
The Appellant had not been provided information on queries 02 to 09 and the respondent states
that it is possible to provide the information on these queries. The respondent states that the person
responsible for not providing the information was Mr. K. S. Lamba, Sanitation Superintendent. The
respondent also states that he had directed Mr. Lamba to appear before the Commission today but he had
not come. Mr. Lamba states that the application should have been transferred tot eh Court who holds the
information and this was done by the then PIO Mr. Prakash Chauhan, Administrative Officer.
Decision:
The Appeal is allowed.
The Commission directs Mr. S. K. Gupta to provide the information on queries 02 to
09 to the Appellant before 30 October 2011.
The issue before the Commission is of not supplying the complete, required information by Mr. K.
S. Lamba, SS & Deemed PIO and Mr. Prakash Chauhan, Administrative Officer within 30 days as
required by the law.
From the facts before the Commission it appears that the deemed 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. 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.
Mr. K. S. Lamba, SS & Deemed PIO and Mr. Prakash Chauhan, Administrative Officer will present
himself before the Commission at the above address on 01 November 2011 at 3.30pm alongwith his
written submissions showing cause why penalty should not be imposed on him as mandated under Section
20 (1). It also appears that they persistently refused to give the information inspite of repeated reminders
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to the respondent hence the Commission is also considering recommending disciplinary actions under
Section 20(2) against them. He will also submit proof of having given the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him. If no other responsible persons are brought by the persons asked to showcause
hearing, it will be presumed that they are the responsible persons.
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
12 October 2011
(In any correspondence on this decision, mention the complete decision number.) (ved)
Copy through Mr. S. K. Gupta to:
1- Mr. Prakash Chauhan, Administrative Officer
2- Mr. K. S. Lamba, SS & Deemed PIOPage 3 of 3