CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003248/6772
Appeal No. CIC/SG/A/2009/003248
Appellant : Mr. Narender Tyagi,
WZ-58D, Basai Darapur,
New Delhi - 110015
Respondent : Public Information Officer
O/o the Asstt. Commissioner,
West Zone,
Municipal Corporation of
Delhi, Rajouri Garden,
New Delhi
RTI application filed on : 06/07/2009
PIO replied : 03/08/2009
First Appeal filed on : 28/08/2009
First Appellate Authority order : 16/10/2009
Second Appeal Received on : 22/12/2009
Notice of Hearing Sent on : 09/01/2010
Hearing Held on : 10/02/2010
Information sought:
Sl. Information Sought Reply of PIO
No
1. Whether all drains had been made Cleaning of all 4-feet drains had been
cleaned of Ward No. 97, 98. If not, then done in way of removing the lids of
who was responsible & what action was Main Hole.
being taken against him?
2. Name of department, their JE & AE by It concerns with JE.
which cleaning of said drains done.
3. Names & total no. of Safai staffs in It concerns with JE.
addition to JE, AE of that department and
Maids. Provide details of Date on which
cleaning done, how many days taken with
documents.
4. How much shield drawn in cleaning of It concerns with JE.
said drain.
5. Name of place on where said shield Cleaning of drains of Ward No. 97, 98 is
thrown away. Provide its document. done by the staffs (cleaning) of those
wards & the shield is thrown on slope.
6. Number of trucks used in carrying the It is not concerned with the Respondent.
said shield, costs for this. Give with
documents.
7. Name of staffs (with their department) for Cleaning of drains of Ward No. 97, 98 is
clearing rain water in said wards. done by the staffs (cleaning) of those
Whether they has other duties in addition wards. No any staffs is used from
to cleaning drain. outside.
8. Name of officers who inspected said ward It is not concerned with the Respondent.
no. for cleaning of drains (rain water).
Provide copy of inspection report.
9. Name of First Appellate Authority & his It is not concerned with the Respondent.
Senior Authority.
Grounds for First Appeal:
Incomplete information.
Order of the First Appellate Authority (FAA):
The FAA had ordered that the PIO (Ac/WZ) was directed to send the complete reply
within 7 days.
Grounds for Second Appeal:
Incomplete information.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Absent.
Respondent: Mr Prem Singh (APIO) on behalf of Mr Dilip Singh (PIO).
It appears that the order of the FAA has not been implemented. The PIO was not able to
provide any information to the Appellant after the order of FAA. Though he is showing a
covering letter of 22/10/2009 which no information appears to have been enclosed. The
Respondent states that the persons responsible for not providing the information after the
FAA’s order are Mr Dilip Singh (PIO/Assistant Commissioner) & Mr V R Bansal (SE-I
& PIO).
Decision:
The appeal is allowed.
The PIO is directed to provide the complete information to the Appellant before 20
February 2010
From the facts before the Commission it is apparent that the PIOs Mr Surinder Singh
(deemed PIO/SS) & Mr V R Bansal (SE-I & PIO) are guilty of not furnishing
information within the time ordered by the FAA.
It appears that the deemed PIOs actions attract the penal provisions of Section 20 (1). A
showcause notice is being issued to them, and they are directed give their reasons to the
Commission to show cause why penalty should not be levied on them. They had further
refused to obey the orders of their 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.
They will present themselves before the Commission at the above address on 10 March
2010 at 10.00 am along with their written submissions showing cause why penalty should
not be imposed on them as mandated under Section 20 (1). They 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.
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 February 2010
(In any correspondence on this decision, mention the complete decision number.)
Showcause issued to the PIOs Mr Surinder Singh (deemed PIO/SS) & Mr V R
Bansal (SE-I & PIO) through Mr Prem Singh (APIO).