CENTRAL INFORMATION COMMISSION
Room no. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110066
Tel: +91 11 26161796
Decision No. CIC/SG/A/2009/000316/2894
Appeal No. CIC/SG/A/2009/000316
Relevant facts emerging from the Appeal:
Appellant : Mr. Shyam Babu Srivastava,
House No. 3943, Roshan Pura,
Nai Sarak, Delhi-110006.
Respondent : PIO, Municipal Corporation of Delhi,
Town Hall, Chandini Chowk,
Delhi-110006.
RTI application filed on : 26/06/2008 APIO : not replied. First Appeal filed on : 22/09/2008 First Appellate Authority order : not replied. Second Appeal filed on : 26/02/2009
The appellant had asked in RTI application seeking information how
the Municipal Prosecutor prosecuted the party as per direction of the Hon’ble
High Court of Delhi given on 17-09-2002 vide order passed in CW-1545/1997
in case titled Ram Babu Srivastava and others Versus commissioner, MCD
and others.
Details of required information :-
1. In writ Petition no. CW 1545/1997? The Hon’ble High Court of Delhi vide
its order dated 17-09-2002 directed the MCD as follows:- “In view of
therefore the only direction liable to be passed is to direct respondent no. 1
to carry out inspection of the property in question within a period of four
weeks from today and in case any violation is found both in respect of the
construction or user, to take action in accordance with law within four
weeks therefore, writ petition stands disposed of in the aforesaid terms.
2. In view of the above order, the Dy. Commissioner vide his criminal
complaint dated 23.03.2004 under Section 347/461 of MCD Act, 1957.
directed the Municipal prosecutors to prosecute the accused who had / has
committed an offence under Section 347/461 of the BMC Act.
3. Even after the prosecution of the accused party was ordered by DC (DE),
MCD the accused continued to violate section 347 of the DMC Act, and is
still continuing the same. In this context. The following information is
sought under the RTI Act.
i) What action was taken by the Municipal prosecutor on the criminal
complaint referred to him by the Dy. Commissioner (City Zone) on
23.03.2004?
ii) When was the case challaned in the Court and in which Court?
iii) When and what order was passed by the Court, A copy of the order be
furnished?
iv) Since the accused is still violating section 347 of BMC Act, What
cognizance the Municipal prosecutor has taken in this behalf and with what
result.
The PIO replied.
Not replied.
First Appellate Authority Ordered:
Not replied.
Relevant facts emerging during hearing:
The following were present.
Appellant: Absent
Respondent: Mr. Sushil Kumar deemed PIO
The PIO has given no information at all to the appellant and there is no reason for this.
The First appellate authority Shri Vijay singh is also guilty of dereliction of duty
since he has not passed any order.
Decision:
The Appeal is allowed.
The PIO will provide the complete information to the appellant before
5 May 2009.
The issue before the Commission is of not supplying the complete, required
information by the deemed PIO Mr. Sushil Kumar within 30 days as required
by the law.
From the facts before the Commission it is apparent that the deemed PIO 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 18 May
2009 at 5.00 pm 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.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
23 April 2009
(In any case correspondence on this decision, mention the complete decision number.)