CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/000865/12730
Appeal No. CIC/SG/A/2011/000865
Relevant Facts
emerging from the Appeal
Appellant : Mr. Om Singh
R/o VPO – Khampur,
Delhi-110036.,
Respondent (1): Dr. B. M. Mishra
Public Information Officer & SDM(Narela)
Revenue Department, GNCTD
O/o of the Sub Divisional Magistrate (Narela),
MPCC Naya Bass,
Narela , Delhi-110036
(2) Mr. Lal Singh
PIO & ADM(NW)
Revenue Department, GNCTD
O/o of the Dy. Commissioner (NW),
Dy. Commisioner Office Complex.
Kanjhawala, Delhi-110081
RTI application filed on : 01/12/2010
Transfer of RTI application : 28/12/2010
to PIO/ADM (NW)
PIO replied : not replied
First appeal filed on : 24/01/2011
First Appellate Authority order : 04/03/2011
Second Appeal received on : 31/03/2011
Information sought by the appellant :
1. What action has your department taken against the acquired land?
2. Have you acquired the abovementioned land?
3. Provide the reason if the land has not been acquired
4. If no action has been taken give explanation why .
Reply of the PIO :
Not replied
Ground of the First Appeal:
No information has been provided.
Order of the FAA:
The PIO/ADM (North West) is directed to supply the information to the appellant within 15 days
under intimation to this office.
Ground of the Second Appeal:
The information sought for has still not been provided.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Om Singh;
Respondent: Mr. Puran Singh, Suptd on behalf of Dr. B. M. Mishra, PIO & SDM(Narela);
The RTI application was transferred by SDM(Narela) to PIO/ADM(North West) on
28/12/20101, but the Appellant has not received any information so far from PIO/ADM(NW). The
FAA had directed PIO/ADM(NW) to supply the information to the Appellant within 15 days by his
order of 04/03/2011. However, the Appellant has not received any information so far.
Decision:
The Appeal is allowed.
The PIO/ADM(NW) is directed to provide the information to the Appellant
before 25 June 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO/ADM(NW) within 30 days as required by the law.
From the facts before the Commission it appears that the PIO/ADM(NW) 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.
PIO/ADM(NW) will present himself before the Commission at the above address on 29 June 2011 at
3.00pm 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
07 June 2011
(In any correspondence on this decision, mention the complete decision number. (DW))