Central Information Commission Judgements

Mr. Ripu Sudan vs O/O Of The Sdm Saraswat Vihar, … on 12 August, 2009

Central Information Commission
Mr. Ripu Sudan vs O/O Of The Sdm Saraswat Vihar, … on 12 August, 2009
                    CENTRAL INFORMATION COMMISSION
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                      Opposite Ber Sarai, New Delhi 110067.
                              Tel: + 91 11 26161796

                                             Decision No. CIC/SG/A/2009/001188/3954Penalty
                                                           Appeal No. CIC/SG/A/2009/001188
SHOWCAUSE HEARING:

Appellant                             :      Mr. Ripu Sudan
                                             R/O C-2/55 Sec-20 Rohni,
                                             Delhi-86

Respondent                            :      Mr. Ranjeet Singh
                                             PIO/DC, North West Disstt.,
                                             GNCTD,
                                             North West Distt,
                                             O/o of the SDM Saraswat Vihar,
                                             Kanjhawala, Delhi

Background

:

The Appellant had sought information on 17.02.2009 regarding Birth-Certificate from Sub
divisional Magistrate, Sarswati Vihar, North West Distt, Kahjhawala, NCT of North Delhi-
110081.

The RTI application had been transferred on date 19-02-2009 by Asstt. Commissioner/
Rohini Zone Nodal Officer, Sec.V Delhi-85 to S.D.M/PIO, Sarwaswati Vihar North West Distt.,
Karyhawla Govt. of NCT of Delhi. Again it was transferred to PIO/DC (North West Distt),
North West Distt, GNCTD, Kanjhawala, Delhi. No information was provided.

Relevant Facts emerging during Hearing on 01/07/2009:

The following were present:

Appellant : Mr. Ripu Sudan
Respondent: Absent
The appellant states that he has not received any information from the PIO nor any order from
the FAA. It is very shameful that a citizen has to use Right to Information to get a simple service
like Birth Certificate.

Commission’s Order:

The Appeal was allowed. The information asked by the appellant will be provided to him
before 15 July 2009.

The Brief Facts Leading to Show Cause Hearing:

The issue before the Commission was of not supplying the complete, required information by the
PIO within 30 days as required by the law. The PIO was found guilty of not furnishing the
information to the Appellant hence a show cause notice issued to him under Section 20(1) to
present himself before the Commission to showcause why penalty should not be imposed on
him. He was directed to present himself before the Commission on 11 August 2009 at 11.30pm
alongwith his written submissions. The PIO did not present himself on 11 August 2009 and was
asked to come on 12 August 2009 at 3.00pm.

Relevant Facts During the Show Cause Hearing on 12/08/2009:
The following were present:

Appellant: Absent
Respondent: Mr. Ranjeet Singh, PIO
The PIO Mr. Ranjeet Singh states that the original application had been filed by the Applicant at
MCD and after transfer the application reached him only on 30/04/2009. He also states that the
information sought by the Appellant is available on the website as well as on the display board in
the office. He states he has provided the information to the Appellant on 14/07/2009. The PIO
Mr. Ranjeet Singh was asked to give reasons why he could not send the very simple information
to the Appellant within 30 days of receiving the RTI Application on 30/04/2009. He was asked if
he could offer any reasons for additional delay of 44 days before sending the information to the
Appellant. He is able to offer no reasonable explanation. He states that the reasons for delay was
the Parliamentary Elections. For information which he itself admits is available on the website it
is obvious it should not have taken more than a day to send a reply. Instead he has taken 74 days
to reply to this simple request for information. He is not able to offer any reasonable explanation
for the delay and it appears that this is a result of his taking his job as PIO very causally.

Decision:

In view of the above sees this as fit case for levying penalty at the Rate of Rs.250/- per day of
delay. The penalty is levied for the delay from 30/04/2009 to 14/07/2009 for 44 days i.e.
Rs.250 X 44 = Rs.11,000/- under Section 20(1) of the RTI Act.

The Chief Secretray of GNCT of Delhi is directed to recover the amount of Rs.11,000/- from the
salary of Mr. Ranjeet Singh , and remit the same by a demand draft or a Banker’s Cheque in the
name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri
Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary of the Central Information
Commission, 2nd Floor, August Kranti Bhawan, New Delhi – 110066. The amount may be
deducted at the rate of Rs.5500/ per month for two months from the salary of Mr. Ranjeet Singh
and remitted on the 10 September 2009 and 10 October 2009.




                                                                               Shailesh Gandhi
                                                                     Information Commissioner
                                                                               August 12, 2009



1-     The Chief Secretary
       GNCT of Delhi
       New Delhi

2-     Shri Pankaj K.P. Shreyaskar,
       Joint Registrar and Deputy Secretary
       Central Information Commission,
       2nd Floor, August Kranti Bhawan,
       New Delhi - 110066