CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000770/12588
Appeal No. CIC/SG/A/2011/000770
Relevant facts emerging from the Appeal:
Appellant : Mr. R.H. Bansal
A-59, Vijay Vihar,
Phase-Il, Delhi -110085
Respondent : Mr. N. C. Sharma
PIO & Superintendent Engineer,
Municipal Corporation of Delhi,
O/o the Superintending Engineer
Zonal Office Building, Sector-V, Rohini,
New Delhi-110085
RTI application filed on : 20.11.2010
PIO replied to application on : 26.11.2010 sent again on 15.02.2010
First Appeal on filed on : 28.12.2010
First Appellate Authority order of : 12.02.2011
Second Appeal received on : 08.03.2011
Information Sought:
1. Have the plans for construction of 10 (List mentioned in the RTI application) houses been
approved by the MCD?
2. Date of approval and the name and designation of authorities who approved the plans
3. Photocopy of the approved plans of the specified houses
4. Is the construction being taken in accordance with the approved plan?
5. Details of action taken in cases where the construction is not being done in accordance with the
approved plan or where the plan has not been approved
6. Which of the specified houses are being constructed illegally?
Reply of the PIO:
Point wise reply given.
Grounds for the First Appeal:
No information received by the applicant.
Order of the First Appellate Authority (FAA):
PIO stated that information had been sent. Appellant stated he has not received it.
The PIO was directed to furnish copy of reply to the appellant within a week's time.
Ground of the Second Appeal:
The reply of the PIO after Order of the FAA was unsatisfactory and no information was provided
regarding point nos. 2, 4, 5 and 6.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Absent;
Respondent : Mr. R. K. Sethi, AE(B) on behalf of Mr. N. C. Sharma, PIO & SE;
The Appellant has stated that he has not received the information when he filed the first appeal.
The PIO has sent a copy of information which he claims was sent on 29/11/2010 but has not proof to
show whether it was indeed sent. The Appellant has stated that the information on query -2 in which
he had sought names and designations of the officers who had approved the plans had not been
provided. Appropriate answers for queries 4, 5 & 6 have also not been provided.
The respondent states that the person responsible for not providing the complete information was the
PIO Mr. N. C. Sharma.
Decision:
The Appeal is allowed.
The Commission directs Mr. R. K. Sethi to provide the information on queries on
query, 2, 4, 5 & 6 as per available records to the appellant before 15 June 2011. He will
also look at the building watch register and provide the appropriate answers to queries
4, 5 & 6 to the Appellant.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
From the facts before the Commission it appears 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.
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.
He will present himself before the Commission at the above address on 23 June 2011 at 2.30pm
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
30 May 2011
(In any correspondence on this decision, mention the complete decision number.) (AA)