CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2010/000615/7246
Appeal No. CIC/SG/A/2010/000615
Appellant : Mr. Sita Ram Kalra,
10705, Jhandewalan Road,
Nabi Karim, New Delhi-110055
Respondent : Public Information Officer
Assistant Commissioner,
Municipal Corporation of Delhi,
Sadar Pahar Ganj Zone, Idgah Road,
Delhi-110006.
RTI application filed on : 10/12/2009 PIO replied : Not mentioned. First Appeal filed on : 22/01/2010 First Appellate Authority order : 17/02/2010 Second Appeal Received on : 08/03/2010 Information sought:
Giving reference of RTI ID No. 353 dated 27/10/2009, Appellant sought (regarding answer at
S.No. 7),
“Is cloth (Canvas) and Cloth (Cotton Coated Fabrics) included in 24 categories? If yes, can
Adhoc Licenses for shops having 20 sq. tr. Area be renewed or not?”
PIO’s Reply:
Not enclosed.
Grounds for First Appeal:
Information not provided by the PIO.
Order of the First Appellate Authority:
PIO/AC/SPZ was directed to provide the requisite information to Appellant within ten working
days.
Grounds for Second Appeal:
Information not provided even after FAA order.
Decision:
The Commission has perused the documents submitted by the Appellant. The Appellant filed a
RTI Application on 10/12/2009. No reply was received and he filed a First Appeal on
22/01/2010. The First Appellate Authority vide order dated 17/02/2010 directed the AC & PIO
(SPZ) to provide the complete information within 10 working days. Till the date of filing of
Second Appeal (03/03/2010), the First Appellate Authority’s order had not been complied with
and no information had been provided to the Appellant.
Page 1 of 2
The information sought by the Appellant falls within the definition of Section 2(f) of the RTI Act
and no exemption can be claimed to refuse disclosure by the PIO. If the information would not
have been available with the PIO or if any exemption under Section 8(1) or 9 applied in the
present case, the First Appellate Authority would have made an observation in that respect.
However, no such observation has been made. The Commission therefore directs the AC & PIO
to comply with the order of the First Appellate Authority and provide the complete information
to the Appellant in response to his RTI Application before 19 April 2010.
The Appeal is allowed.
The First Appellate Authority’s order should be complied with and the complete
information should be provided to the Appellant before 15 April 2010.
The AC & PIO is directed to submit proof of sending the information to the Appellant to the
Commission before 20 April 2010.
From the facts before the Commission it is apparent that the AC & PIO is guilty of not furnishing
the complete information within the time specified under sub-section (1) of Section 7. He further
refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial
of information may also be malafide. The First Appellate Authority had clearly ordered the
information to be given. It appears that his actions attract the penal provisions of Section 20 (1).
A show cause notice is being issued to him, and he is directed to 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 20 April 2010 at 10.30
am along with his written submissions to show cause why penalty should not be imposed on him
as mandated under Section 20 (1). If there are other persons responsible for the delay in
providing the information to the Appellant and for not complying with the order of the First
Appellate Authority, the AC & PIO is directed to inform such persons of the show cause hearing
on 20 April 2010 and direct them to appear before the Commission on 20 April 2010 along 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
25 March 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj
Page 2 of 2