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Decision No. CIC/SG/A/2009/002278/5363
Appeal No. CIC/SG/A/2009/002278
Relevant Facts
emerging from the Appeal
Appellant : Mr. Sanjay Aggarwal
E-4/18, Krishna Nagar,
Delhi – 110051.
Respondent : Mr. Sriram Prakash
Public Information Officer &
Superintending Engineer - I/SH (S)
Municipal Corporation of Delhi
O/o the Deputy Commissioner
Shahdara (South) Zone, Karkardooma,
Delhi - 110032.
RTI application filed on : 09/06/2009
PIO replied : Not Replied
First appeal filed on : 09/07/2009
First Appellate Authority order : 28/08/2009
Second Appeal received on : 08/09/2009
Information Sought:
a) Number of tenders issued from division M-1, 2, 3 & 4 of Shahadara South Zone between
01/04/2008 to 30/05/2009.
b) Details of work completed on the above mentioned tenders and name of the contractor.
c) Details of amount spent on these works and name of the contractor with details of amount
of work.
d) Details of work which had been done from MP fund and Municipal Councilor’s fund
with details of work which was still going on and name of the respective contractor.
e) Name of the JE who inspected the work in the above mentioned divisions and percentage
of the completed work.
f) Quality of the materials which had been used in construction of nallah, brick made road
and Kudaghar.
g) Time limit of the work in said divisions.
h) Whether any scam was done in above mentioned divisions.
i) Whether the MCD was satisfied with the work completed in the said divisions.
j) Name and designation of the officer if any, who had issued certificate for completion of
works in said divisions.
Reply of the PIO:
Not replied.
First Appeal:
Non-receipt of information from the PIO within the stipulated time.
Order of the FAA:
“Present Appellant and Executive Engineer – (M) – I on behalf of PIO. Information was
provided today by EE(M) – II, EE(M)-III & EE(M)-IV are directed to provide requisite
information to their divisions to their divisions to the Appellant within 10 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 : Absent;
Respondent : Mr. Rajiv Jain, EE(M-II) on behalf of PIO& SE Mr. Sriram Prakash; Deemed PIO
Mr. Naurangi Lal, EE (M-III); Deemed PIO Mr. Mula Singh,EE(M-IV);
Mr. Mula Singh,EE(M-IV) states that he gave information to the Appellant on
30/10/2009. Mr. Rajiv Jain, EE states that he gave information on 28/10/2009 and Mr. Naurangi
Lal, EE(M-III) states that he gave information on 28/10/2009. The PIO states that the RTI
application had gone to Mr. Ram Prakash, SE-I, Shahdara(South Zone). He sought the help of
Mr. A.K. Mittal EE(M-I) and Mr. Satish Kataria EE(M-II) on 10/06/2009. On 22/06/2009 the
RTI application was forwarded to Mr. Ram Kishan, Tender Clerk and Mrs. Madhubala,
Accountant. No information was sent to the Appellant. Mr. Rajiv Jain joined on 19/10/2009 and
then sent the information on 28/10/2009.
Mr. A.K. Mittal EE(M-I) gave the information on 11/08/2009. The RTI application was
sent to Mr. Naurangi Lal, EE(M-III) and Mr. Mula Singh,EE(M-IV) on 20/10/2009 by Mr. Ram
Prakash SE-I & PIO, who replied to the Appellant on 28/10/2009.
Decision:
The Appeal is allowed.
The information appears to have been provided.
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 PIOs Mr. Ram Prakash SE-I, Mr.
Satish Kataria EE(M-II), Mr. Ram Kishan, Tender Clerk and Mrs. Madhubala, Accountant are
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.
It appears that their actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to them, and they are directed give their reasons to the Commission to show cause
why penalty should not be levied on them.
They will present themselves before the Commission at the above address on 14 December 2009
at 11.30am alongwith their written submissions showing cause why penalty should not be
imposed on them as mandated under Section 20 (1).
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
04 November 2009
(In any correspondence on this decision, mention the complete decision number.)(GJ)