CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001179/5954
Complaint No. CIC/SG/C/2009/001179
Relevant Facts
emerging from the Complaint:
Complainant : Mr. Shiv Kumar,
R/o F-99, Nauroji Nagar,
New Delhi -110029.
Respondent : Mr. Vinay Kaushik
Public Information Officer &
Jt. Director (Enforcement),
NDMC,
O/o The Dy. Director (Out-door),
5th Floor, Pragati Bhawan, Jai Singh Road,
New Delhi – 110001.
RTI application filed on : 16-07-2009 PIO replied : Not replied First appeal filed on : 08-06-2009 First Appellate Authority order : Not mentioned Complaint received on : 21-08-2009 Date of Notice of Hearing : 04/11/2009 Hearing Held on : 16-12-2009
The Appellant had sought following information from PIO – MCD regarding Jhuggies in
the area of Narouji Nagar, New Delhi.
Information Sought:
Is there any provision of Jhuggies in the NDMC (Nauroji Nagar Area), if yes, specify the
reason. If no, why Jhuggies are lying between G-221, 241, D-99 & F-101 Nauroji Nagar, which
has created village atmospheres & using all facilities. How long time will take for its removal. If
permission is available which NDMC, please provide copy of same.
Ground of the First Appeal:
It is nearly four months have been over no response had been received from the
department so far. This shows the negligence on the part of NDMC and the department had
nothing to say on this issue. For the coming Asian games what are the future planning of NDMC
to clean the area from Jhuggies. Pl. intimate.
Order of the FAA:
No order had been passed by the FAA.
Grounds of the Complaint:
No information had been provided by the PIO to the complainant and also no any order
had been passed by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Complainant : Absent;
Respondent : Mr. Vinay Kaushik, Public Information Officer & Jt. Director(Enforcement),
Mr. Jagdish Sharma, Area Inspector;
The PIO states that the RTI application reached on 22/02/2009 on 04/03/2009 the
assistance of Mr. S.K.Goel, Area Inspector was sought under Section 5(4) to give the
information. As per records Mr. S.K.Goel did not give any information. Mr. S.K.Goel was
transferred from the Department on 04/07/2009. Since the Complainant sent a reminder in June
2009 the PIO obtained the information and sent it inadvertently to a wrong address on
22/06/2009. On 03/08/2009 the information was sent to the correct address. Thus it appears that
the person primarily responsible for this delay was Mr. S.K.Goel, Area Inspector.
Decision:
The Complaint is allowed.
The information appears to have been given.
The issue before the Commission is of not supplying the complete, required information by
the deemed PIO Mr. S.K.Goel, Area Inspector within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIO Mr. S.K.Goel, Area
Inspector 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 deemed 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 12 January 2010 at
11.00am alongwith his written submissions showing cause why penalty should not be imposed
on him 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
16 December 2009
(In any correspondence on this decision, mention the complete decision number.) (BK)
\
CC: To,
Mr. S.K.Goel, Area Inspector through Mr. Vinay Kaushik, Public Information Officer & Jt.
Director(Enforcement),