CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001159/8087
Appeal No. CIC/SG/A/2010/001159
Relevant Facts
emerging from the Appeal:
Appellant : Mr.Shahnawaz Khan,
D-61, Gali No. 1,
Near Sachdeva Marriage Home,
Bhajanpura, Delhi- 53.
Respondent : Mr. K. P. Singh
Public Information Officer &
SE-II/Shahdara North,
Municipal Corporation of Delhi,
Zonal Office Building, Keshav Chowk,
G.T. Road, Delhi- 110032.
RTI application filed on : 13/11/2009
PIO replied : 16/03/2010
First appeal filed on : 21/12/2009
First Appellate Authority Ordered on : 23/02/2010
Second Appeal received on : 04/05/2010
Sl. Information Sought Reply of the PIO
1. Date of scheduled start and finish of laying sewer line Keeping the area's population and
from Jowhri pur to shiv vihar tri-crossroad. way of commuting in mind no time
limit has been set for this work.
2. Number of days in which the road should have been The work has started on roads where
constructed. Provide photocopy. sewer lines have been laid.
3. Whether the contractor has the responsibility of keeping Relates to Delhi Jal Board.
the road fit for commuters while the work is in progress. If
yes, then specify the nature of responsibility.
4. Provide the concerned contractor’s name and phone Same as above.
number.
5. The deadline given to contractor to lay sewer line from Same as above.
Shiv Vihar to Brijpuri. Also specify the date of
commencement of work.
Grounds for the First Appeal:
No information furnished by the PIO within mandated time.
Order of the First Appellate Authority (FAA):
The PIO had been directed to furnish the reply to the appellant within a period of seven days.
Grounds for the Second Appeal:
Unsatisfactory reply was furnished by the PIO. Moreover, compliance with the FAA’s order was
delayed by 120 days
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Shahnawaz Khan;
Respondent : Mr. H. S. Singh the then EE and APIO;
The RTI application has been filed at Delhi Jal Board and the appellant has a letter dated
16/11/2009 by which the application was supposedly transferred to Commissioner MCD(Town Hall).
The PIO states that this RTI application has been never received by him. The PIO states that he
became aware of the RTI application only when the FAA issued an order on 23/02/2010. Subsequent
to which he provided the information on 15/03/2010. The appellant admits that the information
provided on 15/03/2010 is adequate.
The appellant shows the Commission that he ahs received a letter no. 78/ADC(HQ)/2010 dated
05/05/2010 transferring his RTI application to PIO Shahdara North. The PIO states that this letter went
from Additional Dy. Commissioner (HQ). It appears that ADC(HQ) is responsible for the inordinate
delay in the appellant getting the information.
Decision:
The Appeal is allowed.
The information has been provided.
The issue before the Commission is of not supplying the complete, required information by
Additional Dy. Commissioner (HQ) within 30 days as required by the law.
From the facts before the Commission it is apparent that Additional Dy. Commissioner (HQ) 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. 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.
Additional Dy. Commissioner (HQ) will present himself before the Commission at the above address
on 08 July 2010 at 4.30pm alongwith his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20 (1). He will also submit proof of having given 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 June 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)
CC:
To,
Additional Dy. Commissioner (HQ)
Municipal Corporation of Delhi
Town Hall, Chandni Chowk,
Delhi