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Decision No. CIC/SG/A/2011/000388/12142Adjunct
Appeal No. CIC/SG/A/2011/000388
Relevant Facts
emerging from the Appeal
Appellant : Mr. R. N. Bararia
439- Guru Anand Nagar (West)
Delhi-110092
Respondent : PIO/GAD
Delhi State Industrial & Infrastructure Development
Corporation (DSIIDC)
N-36, Connaught Circus,
New Delhi-110001
RTI application filed on : 05.07.2010
PIO reply : 17.09.2010
First appeal filed on : 07.08.2010
FAA’s order : 05.10.2010
Second Appeal received on : 07.02.2011
Facts of the issue:
The appellant sought a copy of the log books of Staff Car No. DL-2CAH 8282 and DL-2CAH-4400
attached with the Managing Director of DSIIDC for the month of April2010 and March 2010.
The appellant also sought details of petrol issued to the above said cars.
Reply by the PIO:
No reply.
First Appeal:
No reply by the PIO.
FAAs’ Order:
The Appellant has stated that he has not received the reply to RTI application dated 05.07.2010. The
PIO(GAD/Tpt) has assured that reply will be given within a weeks’ time.”
Ground of the Complaint:
FAA took up the case after the time mentioned as per RTI Act, 2005 had passed. The PIO still hasn’t
furnished any information.
Decision dated 26/04/2011:
“The appellant has stated that despite the clear order from the FAA no information has
been provided.
The Appeal is allowed.
The PIO is directed to provide the information as directed by the First Appellate
Authority to the appellant before 20 May 2011.
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. 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 present himself before the Commission at the above address on 23 May 2011 at 12.00pm
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.”
Relevant facts emerging during the showcause hearing on 23/05/2011:
Appellant: Mr. R.N. Braria;
Respondent: Mr. Sudarshan Sharma, the then PIO & GAD presently Sr. Manager (Liquor) and Mr.
S.B Sharma, present PIO & Div. Manager;
Present PIO Mr. S.B. Sharma has submitted that the requisite information has been sent to the
Appellant through speed post on 19/05/2011 but the Appellant has not received the same. The then PIO
Mr. Sudarshan Sharma has submitted that since he had not received the RTI application dated
05/07/2010, the information could not be provided within the stipulated time. The then PIO Mr.
Sudarshan Sharma has not offered any reasonable cause for non-compliance of the FAA’s order dated
05/10/2010. He has stated that Mr. S.B. Sharma had taken over the charge of the PIO & GAD on
04/04/2011.
The then PIO Mr. Sudarshan Sharma was present at the hearing held by the FAA on 05/10/2010. The
FAA Mr. Sanjeev Ahuja Executive Director has recorded “The Appellant has stated that he has not
received reply to RTI application dated 05/07/2010. The PIO (GAD/PPT) has assured that reply will be
given within a week’s time.” The then PIO Mr. Sudarshan Sharma claims that he did not receive the RTI
application and has not received the order of the FAA. He further states that he had not given any
assurance that the reply would be sent within a week’s time. According to the statement of Mr.
Sudarshan Sharma the FAA has recorded false statements. This is an amazing statement being made by
the then PIO Mr. Sudarshan Sharma.
To verify this the Commission is summoning Mr. Sanjeev Ahuja, Executive Director, and Mr. Sudarshan
Sharma to appear before the Commission on 10 June 2011 at 04.30PM to give statements to verify
whether the then PIO Mr. Sudarshan Sharma is telling the truth.
Adjunct Decision:
The Commission directs Executive Director/FAA Mr. Sanjeev Ahuja and the then
PIO(GAD) Mr. Sudarshan Sharma to appear before the Commission on 10 June 2011 at
04.30PM.
The Commission also directs Present PIO Mr. S. B. Sharma and Chief Manager (RTI)
Mr. M. M. Ahmed to appear before the Commission on 10 June 2011 at 04.30PM
alongwith relevant records.
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
23 May 2011
(In any correspondence on this decision, mention the complete decision number.)(AK)
Copy through Mr. S. B. Sharma to the following:
1- Mr. Sanjeev Ahuja, FAA
2- Mr. M. M. Ahmed, Chief Manager (RTI).