CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
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Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002355/5495
Appeal No. CIC/SG/A/2009/002355
Appellant : Mr. R P Yadav,
R/o 8647/14-B, Shidi Pura
Karol Bagh
New Delhi-110005
Respondent : Mr. Shiv Kumar
Public Information Officer &
Asst. Assessor and Collector.
Municipal Corporation of Delhi
O/o the Jt. A & C,
Sadar Paharganj Zone,
Idgah Road, Delhi
RTI application filed on : 01/06/2009
PIO replied : 07/08/2009
First Appeal filed on : 08/07/2009
First Appellate Authority order : 07/08/2009
Second Appeal Received on : 18/09/2009
Notice of Hearing Sent on : 12/10/2009
Hearing Held on : 12/11/2009
Information sought:
Certified copies of the self assessment property tax from 2004-05 to 2008-09 filed in respect of
property NO. 8665.
PIO's Reply:
After FAA order PIO replied that record of self assessment and tax is available for year 2008-09
and not available for other year because the facility of depositing tax assessment is on-line or at
regional office. Appellant can have the copy of self assessment record on any working days.
Grounds for First Appeal:
PIO had neither provided information nor assigned any reason for not providing the same.
Order of the First Appellate Authority:
PIO was directed to provide the requisite information to the Appellant within 10 working days.
Grounds for Second Appeal:
Information only for 2008-09 was provided by the PIO where as requested for 2004-05 to
2008-09
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. R P Yadav;
Respondent: Mr. S.K.Sehgal, AZI on behalf of Mr. Shiv Kumar PIO & AAC;
The PIO has given photocopies of only one year’s PTRs whereas the appellant had
sought for 5 years PTR. The Respondent states that it is difficult to obtain the five years PTR.
However the FAA has clearly ordered the entire information to be given by her order of
07/08/2009. The PIO has not complied with the order of the FAA and only provided 20% of the
information. The PIO is not offered any explanation to this.
Decision:
The appeal is allowed.
The PIO is directed to give the complete information to the appellant before 30 November 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.
From the facts before the Commission it is apparent that the PIO Mr. Shiv Kumar 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 22 December 2009 at
11.30am 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.
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
12 November 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj