CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2008/00357/1599
Appeal No. CIC/SG/A/2008/00357
Relevant Facts
emerging from the Appeal
Appellant : Mr. R.K.Grover,
Flats No. 20/III,
Meera Bai Polytechnic Campus,
Maharani Bagh, New Delhi-110065.
Respondent 1 : PIO,
Municipal Corporation of Delhi
Hindu Rao Hospital,
Malka Ganj, Delhi.
RTI application filed on : 16/07/2008
PIO replied : 01/08/2008
First appeal filed on : 13/08/2008
First Appellate Authority order : 10/09/2008
Second Appeal filed on : 19/12/2008
The appellant had asked in RTI application regarding action taken on
appellant’s application, daily progress on appellant’s application, name and
designations of the officials, list of all application/petitions/grievances, print out of
those portions of records, reasons for out of turn disposal of the applications/
returns/petitions/ vigilance enquiries, etc.
Detail of required information:-
1. Please indicate the daily progress made on my application so far i.e. when did my
application reach which officer, for how long did it stay with that officer and what
did he/she do during that period?2. Please give the names and designations of the officials who were supposed to take
action on my application and who have not done so?3. What action would be taken against these officials for not doing their work and for
causing harassment to the public? By when that action be taken?4. By when would my work be done now?
5. Please give me a list of all the applications/returns/grievances received, after my
application /returns/grievances were received. The list should contain the
following information:-• Name of applicant/taxpayer/petitioner/aggrieved person.
• Receipt no.• Date of application/return/petition/grievances.
• Date of disposal.
6. Please give copy or print out of those portions of record, which contains details of
receipt of the above applications/returns/petitions/grievances.
7. Please give reasons for out of turn disposal of
applications/returns/petitions/grievances. If any, which were received after me?
8. By when would vigilance enquiries be initiated in the above matter of out of turn
disposal of applications/returns/petitions/grievances, if any?
9. What is the present status of my application dated 29/05/2008 and reason for delay
in its implementation?
The PIO replied:-
May kindly refer to your application under RTI Act, 2005, regarding the interest on
the amount of Rs. 1205/- was paid to you as pay difference arrear. In this regard it is
submitted that necessary opinion of ALO(H) regarding the interest on Rs. 1205/- has
already been taken. ALO(H) has opined that “If there is no order of interest, why interest is
to be pay. Hence no need to pay.
The First Appellate Authority ordered: –
“I have gone through the appeal of the appellant and information given by the
PIO/HRH. The appellant was also requested to appear before the 1st Appellate Authority
on 05/09/2008 at 12.00 Noon vide this office letter no. PA-MS/HRH/2008/5059 dated
27/08/2008 but the appellant did not appear. After through study of the appeal and the
reply/information given by the PIO/HRH, I am of the opinion that appropriate
reply/information has not been supplied by the PIO/HRH. The PIO/HRH is hereby asked
to supply the appropriate reply to the appellant within 15 days. Since the 1st Appellate
Authority is only designated to deal with the appeals under RTI Act. The appellant is
advised to take up the matter at appropriate forum for redressal of his grievance.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Dr. S.C. Jain PIO
It is evident that the information as required has not been provided at all. There is no
explanation for the delay. Inspite of the order of the First appellate authority no
information was provided.
Decision:
The Appeal is allowed.
The PIO will send the information to the appellant before 25 February 2009.
The issue before the Commission is of not supplying the complete, required
information by the PIO within 30 days as required by the law.
It also appears that the First appellate authority’s orders have not been implemented.
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 give his reasons to the
Commission to show cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on
him as mandated under Section 20 (1) before 5 March, 2009. He will also submit proof of
having given the information to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
February 12, 2009.
(In any correspondence on this decision, mentioned the complete decision number.)