Mr. Pankaj Bhatnagar vs Municipal Corporation Of Delhi on 5 November, 2008

                    CENTRAL INFORMATION COMMISSION
                            Room no.415, 4th Floor, Block IV,
                          Old JNU Campus, New Delhi 110 066.
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                                          Decision No. CIC/WB/A/2008/00311//SG/00148
                                                  Appeal No. CIC/WB/A/2008/00311

Relevant Facts emerging from the Appeal

Appellant                            :       Mr. Pankaj Bhatnagar,
                                             H.No.-53, Parda Bagh,
                                             Darya Ganj,
                                             New Delhi-110002.

Respondent 1                         :       P.I.O (Engg. Deptt),
                                             Land & Building Department,
                                             Municipal Corporation of Delhi,
                                             Town Hall, Chandni Chowk,
                                             New Delhi-110006.


RTI filed on                            :      25/07/2007
PIO replied                             :      No Reply
First Appellate Authority order         :      15/10/2007
Second Appeal filed on                  :      29/01/2007
The appellant had filed a RTI application seeking information about the offices of MCD in
Parda bagh Darya Ganj. Since he received no response, he filed First appeal on 15/10/2007.
The First appellate authority, Add. Commissioner (Engineering) passed order no. 1104 dt.
15/10/2007 in which he stated, ' On scrutiny of the documents, it has been observed that no
information has been provided to the appellant by the PIO. PIO is directed to provide the
information sought at point no. 3 to 7 of the RTI application. Information sought at point 1 &
2 of the application (shall ) be collected from Town Planning Department and then provided.
The PIO is also directed to initiate appropriate remedial measures to dispose of RTI
applications received under the provisions of the Act. Further Shri Pushkar Sharma, EE
(Works), is directed to remove the encroachments at site in question as policy.' This order
had recorded the presence of Shri Brahma Nand, Deputy Director (RTI) and Shri R.Malhotra,
Architect, Town Planning Department at the hearing on behalf of the PIO.
Yet the PIO again flouted the superior officer's orders and the Citizen's right under the RTI
Act.
Decision: .
The appeal is allowed.
The complete information will be provided to the appellant by 25 November, 2008.
The issue before the Commission is of not supplying the information by the PIO within
30 days as required by the law.
It appears that the PIO has also not obeyed the orders of the First Appellate Authority,
thereby willfully disobeying the requirements of the law and also defying the orders of
his senior officer.
 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. 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 to present himself before the
Commission to show cause why penalty should not be levied on him. He will present himself
before the Commission at the above address on 26 November, 2008 at 3.30 pm alongwith his
written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He shall also produce evidence of having furnished the information to
appellant. The PIO will also furnish to the Commission a report whether any action was
taken by Mr. Pushkar Sharma (EE) as directed by the the Additional Commissioner
(Engineering) in his order.
.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
5 November, 2008