CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000035/11399
Appeal No. CIC/SG/A/2011/000035
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Rajveer Singh,
20 - 8/ B, Shiv Marg
Gajjupura, Shahdra
Delhi - 32
Respondent : Public Information Officer &
Assistant Engineer M -1223
Public Works Department
Govt. of NCT of Delhi
CBMD M - 122, PTS Malviya Nagar
New Delhi - 110017
RTI application filed on : 28/09/2010
PIO replied : 20/10/2010
First appeal filed on : 16/11/2010
First Appellate Authority order : 19/11/2010
Second Appeal received on : 31/12/2010
Information Sought
Copies of extra item and deviation statement for the said constructions
1. c/o M.P Hall at sultan pur, contract no. 88/EE/CBMD M – 122/2008 – 2009
2. c/o 10 and SPS (DIS) shed at par yogi Arvind Sarvodaya Vidyala, contract no. 61/EE/CBMD M – 122/2008 –
2009
3. c/o additional floor at SPS Girls hostel, contract no. 26/EE/CBMD M – 122/2008 – 2009
4. c/o guest house at first floor DIPSAR, contract no. 183/EE/CBMD M – 122/2008 – 2009
5. EOR to DIPSAR sector III Pushp Vihar, New Delhi, C/o of first floor of mess at boys hostel and one double
storied comman hall.
Reply of the PIO
The PIO has advised the applicant to deposit Rs. 64 for the delivery of the required documents.
First Appeal:
No information provided by the PIO after the deposition of the required amount
Order of the FAA:
The PIO was ordered to furnish the requisite information to the Appellant within 7 days of the day of order.
Ground of the Second Appeal:
The Appellant is aggrieved with the information supplied by the PIO after the FAA’s order. He believes that
the documents submitted by the PIO are wrong, incomplete and delayed
Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a perusal of
the papers it appears that the complete information has not been provided to the Appellant. The Appellant
has stated in his appeal that he has deposited Rs.64/- as additional fee yet the information was not provided
to him.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information free of cost to the Appellant
before 25 February 2011.
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. 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 21 March 2011 at 11.00am
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He will also send 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
10 February 2011
(In any correspondence on this decision, mention the complete decision number.) (AM)