CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi -110 067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/000732/3447
Appeal No. CIC/SG/A/2009/000732
Relevant Facts
emerging from the Appeal
Appellant : Mr. Sunil Kant
R/o 9/27, Vijay Nagar, Double Story,
Delhi-110009.
Respondent : The ADM (NW) & PIO
Govt. of NCT of Delhi
Office of the ADM
Distt. North -West, Kanjhawala,
Delhi-110081.
RTI application filed on : 12/12/2008
PIO replied : Not replied.
First appeal filed on : 19/01/2009
First Appellate Authority order : 23/02/2009
Second Appeal filed on : 08/04/2009
Information sought:-
The appellant had asked following points under his RTI Application:-
1. Applicant’s shop no. 78 was in Mall Road, Kingsway Camp, Delhi, which has been
acquired by your department for DMRC department. The size of the shop was 15′ x 60′,
Shop was acquired under Notification no. F.7(8)/2008/L&B/LA/MRTS(NWW)/17755 dt.
26.03.08 & F.7(8)/2005/L&B/LA/MRTS(NW17756 dt. 26.03.08.
2. The applicant had applied for rehabilitation on dt. 17.04.2008, what is the department’s
action to that application. Provide the detailed information to the appellant.
3. Please make aware to the appellant about the policy of land and building department dt.
25.10.06, policy of rehabilitation and the time limit as the employment of the appellant
was snatched away six month back due to which his family got on the brink of starvation.
PIO’s reply
Not replied.
First Appellate Authority ordered.
First Appellate Authority ordered that “On perusal of the record, it is revealed that no
reply has been furnished by the PIO. Let a suitable reply be given to the appellant within 15
working days by the PIO/ADM (NW).”
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Sunil Kant
Respondent : Absent
The appellant states that no reply has been given to him inspite of the clear order of the First
Appellate Authority. It therefore appears that the PIO has absolutely no care for the Right to
Information Act.
Decision:
The Appeal is allowed.
The complete information will be provided to the appellant before 15 June 2009.
The issue before the Commission is of not supplying any information by the PIO within 30
days as required by the law.
From the facts before the Commission it is apparent that the 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. He has 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 has clearly ordered the information to be given.
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.
He will present himself before the Commission at the above address on 6 July 2009 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.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
27th May 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)