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Decision No. CIC/SG/C/2009/000102/3001Adjunct-I
Complaint No. CIC/SG/C/2009/000102
Complainant : Mr. Ravi Shankar,
J-290, Old Seemapuri,
Delhi -110095.
Respondent : Mr. Kanwar Singh
PIO & Dy. Education Officer
Municipal Corporation of Delhi
Civil Lines Zone, 16, Rajpur Road,
Delhi-110054
Facts
arising from the Complaint:
Mr. Ravi Shankar had filed a RTI application with the PIO, Municipal Corporation of Delhi,
Shahdara North Zone on 02/12/2008 asking for certain information. Since no reply was received within the
mandated time of 30 days, he had filed a complaint under Section 18 to the Commission.
The Commission issued a notice to the PIO on 26/02/2009 asking him to supply the information by
25/03/2009 and sought an explanation for not furnishing the information within the mandated time. The PIO
informed the Commission, that the information has been sent to the complainant on 17/03/2009.
Decision dated 29 April 2009:
The Complaint was allowed.
Facts leading to show cause hearing on 22/02/2010:
It had been brought to the Commission’s notice by the Complainant in person on 05/11/2009 as well as in
writing vide letters dated 19/06/2009 & 20/10/2009 that information provided to him was incomplete. On
this basis a show cause notice dated 05/11/2009 was issued directing the PIO to present himself before the
Commission on 26/11/2009 along with his written submissions to show cause why penalty should not be
imposed on him under Section 20 (1) of the RTI Act. However he did not appear and the Commission did
not receive any written submissions from him explaining the delay in providing the complete and correct
information to the Complainant with regard to the RTI Application dated 05/11/2008. The Commission also
did not receive any communication from him explaining his absence on 26/11/2009.
The Commission vide notice dated 19/01/2010 directed the PIO to present himself before Commission on
22/02/2010 at 11.30AM along with his written explanations to show cause why penalty should not be
imposed and disciplinary action not be recommended against you for defying the orders of the commission
and failing to comply with the provisions of RTI Act, 2005.
Relevant facts emerging during the show cause hearing held on 22/02/2010:
The following persons were present:
Complainant: Mr. Ravi Shankar
Respondent: Mr. Kanwar Singh, PIO & DEO, Mr. Raman
“Mr. Kanwar Singh stated that with regard to Query No. 4 – whether an enclosure was sent to the Appellant
along with the response or not could not be verified immediately as the person dealing with the RTI
Applications at that time is on leave.”
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Adjunct decision dated 22 February 2010:
“The Commission directs the PIO give the following information to the Complainant before 05/03/2010
failing which penalty proceedings will be initiated against the PIO:
1. Complete information with regard to Query No. 1
2. Complete information with regard to Query No. 4 along with relevant enclosures
3. Copy of file notings/office order or any other record which gives reasons for why the students
admitted in Old Seemapuri School have to study in school in Dilshad Colony.”
Facts leading to the hearing dated 15/12/2010:
On the basis of the Complainant’s various letters the Commission issued showcause notices dated
10/06/2010 and 16/08/2010 to the PIO to appear before the Commission on 08/07/2010 and on 24/09/2010
along with his written submissions to show cause why penalty should not be imposed on him under Section
20(1) of the RTI Act. However the PIO had not appeared and the Commission had not received any written
explanations from him for not complying with the Commission’s order. Subsequently, the Commission
issued another showcause notice dated 27/10/2010 to the PIO to appear before the Commission on
15/12/2010 at 11:00 am.
Relevant facts emerging during the hearing on 15/12/2010:
Complainant: Mr. Ravi Shankar Shukla
Respondent: Mr. Ganga Prasad on behalf of the present PIO Mr. Jasram Kaim; Mrs. Nirmala Xalxo,
Principal; Mr. Shakil Ahmed, Teacher and Ms. Sarita, Teacher
Mr. Ganga Prasad has informed that the then PIO Mr. Kanwar Singh has been transferred to Civil
Lines Zone vide order dated 09/12/2010. However, he has stated that the information as directed by the
Commission on 22/02/2010 had been sent to the Complainant vide letter dated 19/11/2010. The
Complainant has claimed that he received only the covering letter without the annexure. Therefore, during
the hearing the complete information alongwith the relevant enclosures as directed by the Commission
has been handed over to the Complainant before the Commission.
Adjunct decision announced on 15/12/2010:
In view of this, the Commission directs the then PIO & DEO Mr. Kanwar Singh
to present himself before Commission on 12/01/2011 at 10:30 am along with his written
explanations to show cause why penalty should not be imposed and disciplinary action not
be recommended against him for defying the orders of the commission and failing to comply
with the provisions of RTI Act, 2005. If he does not give reasons to the Commission on
12/01/2011 justifying the denial of information, the Commission will assume he had no
reasons for denying information and will impose penalty as per Section 20(1) of the RTI Act
and recommend disciplinary action against you as per Section 20(2) based on the records
available before it.
If there are other persons responsible for this delay in compliance of the
Commission’s order, he may direct such person to appear before the Commission along
with him.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
15 December 2010
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For any further communication with the Commission please mention the decision No. given at the top.
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