CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/003344/11165
Appeal No. CIC/SG/A/2010/003344
Relevant Facts
emerging from the Appeal
Appellant : Mr. Naresh Kumar Gupta
F-2194, Sector-16,
Rohini, Delhi-89
Respondent : Mr. M. P. Gupta
PIO & S-E II
Municipal Corporation of Delhi
(Rohini Zone)
Sector-5, Rohini, Delhi-85
RTI application filed on : 13/08/2010
PIO replied : 09/09/2010
First appeal filed on : 29/09/2010
First Appellate Authority order : 27/10/2010
Second Appeal received on : 29/11/2010
Sl. Information Sought Reply of the PIO
1. In sector 16 Rohini a road has been declared as commercial road. In this road Not related to General
details are required of Parking lots constructed by MCD for the public branch,
including site plan.
2. Details of commercial establishments under the MCD who have paid the Details not available with
parking charges and what the MCD has done to that sum. the general branch.
3. If parking lots haven’t been constructed then whether they have the right to Details not available with
park their vehicles on the road. Whether MCD will take any action on the the general branch.
matter. Also because of this the DTC has deprived bus services to the people
living in this locality.
4. When will the MCD clear the illegal possession in this area? Illegal possessions are cleared
timely.
Grounds for the First Appeal:
Incomplete and unsatisfactory reply from the PIO.
Order of the First Appellate Authority (FAA):
PIO to gather information from concerned departments and give it to the appellant within 3 weeks.
Grounds for the Second Appeal:
Non compliance of FAA’s order by the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Naresh Kumar Gupta;
Respondent: Mr. S. R. Meena, EE(B-II) and Mr. R. K. Sharma, EE(M-IV) on behalf of Mr. M. P. Gupta,
PIO & S-E II ; Mr. Sanjeev Kumar, AE ;
The PIO admits that no information has been supplied to the Appellant inspite of the clear order of the First
Appellate Authority (FAA). It is significant that the matter related to illegal and unauthorized properties and
MCD officers appear to be ensuring that information is not provided about these.
The Respondent states that the deemed PIO was Mr. Mahesh, OI(B) who had been given the order of the
FAA to provide the information.
Decision:
The Appeal is allowed.
Mr. S. R. Meena, EE(B-II) is directed to provide the complete information to the
Appellant before 10 February 2011.
The issue before the Commission is of not supplying the complete, required information by the
Deemed PIO Mr. Mahesh, OI(B) 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.
Deemed PIO Mr. Mahesh, OI(B) will present himself before the Commission at the above address on
14 March, 2011 at 11.00am alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1). 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.
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
28 January 2011
(In any correspondence on this decision, mention the complete decision number.) (Su)
CC:
To,
Deemed PIO Mr. Mahesh, OI(B) through Mr. S. R. Meena, EE(B-II) ;