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Decision No. CIC/SG/A/2010/002347/9617
Appeal No. CIC/SG/A/2010/002347
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Raj Kumar Sharma
S/o Mr. Bodh Raj Sharma
WZ-13A, Ramgadh Colony,
Near Basai Dara Pur, Delhi.
Respondent : Mr. V. R. Bansal
Public Information Officer &
Superintending Engineer-I
Municipal Corporation of Delhi
West Zone, Vishal Enclave,
Rajouri Garden, New Delhi - 110027.
RTI application filed on : 22/03/2010
PIO replied : 11/06/2010
First appeal filed on : 20/05/2010
First Appellate Authority order : 30/06/2010
Second Appeal received on : 20/08/2010
Sl. Information Sought Reply of the PIO
1. Number of dogs which had been caught in Pertained to Health Department.
Ramgarh colony and action taken on them.
2. Details of action taken by the department to As above.
manage the dogs in Ramgarh colony.
3. Whether people can live in an environment where As above.
they fear of dog bite.
4. Details of management done by the department to As above.
catch the dogs.
5. Number of streets which is closed according to the
According to the inspection, there are 13
plan/map and reason for closing the streets. streets in Ramgarh colony in which 5 streets
open towards Basai Darapur and 8 are
closed. Information pertaining to map could
be obtained from Town Planning
Department, Kashmere Gate.
6. Reason for keeping less house tax for Ratan Park Pertained to House Tax Department.
Colony which is adjacent to Ramgarh Colony.
Reason that why it could not be done equal.
7. Whether the nallah flowing in across Ramgarh Pertained to Project Division/WZ.
colony will ever be closed and if closed then
amount which will be incurred on the same.
Note: The PIO and Dy. Health Officer, West Zone, MCD vide his letter dated 22/04/2010 and
02/06/2010 had also replied to the Appellant.
Order of the FAA:
“The Appellant was satisfied except with the question no.5. For the question no.5, the ID was transferred
to CTP. The Appellant informed that the CTP has given certified copy of the layout plan which he will be
deposited with the PIO by tomorrow. Based on the copy of the layout plan, the PIO, SE-I has to revisit the
application for question no.5 and give the reply in regard to the closure of 8 galies. This may be complied
within days.”
Ground of the Second Appeal:
Non-compliance of the FAA’s order by the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Raj Kumar Sharma
Respondent: Absent;
The appellant states that as per the order of the FAA PIO/SE-I has been directed to give the
information regarding query-5 in regard to the closure of 08 galies. The FAA had given the order on
05/07/2010 to give the information within 15 days. The appellant states that this has not been complied
with hence he filed the second appeal.
Decision:
The Appeal is allowed.
The PIO Mr. V. R. Bansal is directed to provide the information as per the order of
the FAA to the appellant before 25 October 2010.
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 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 November 2010 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 bring the information sent to the appellant as per this decision
and submit speed post receipt as proof of having sent 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
05 October 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)