CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001039/7961
Appeal No. CIC/SG/A/2010/001039
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Vijay Pal Singh
1449/18A Durga Puri,
Loni Road, Shadhra
Delhi-110093
Respondent : Mr. Kanwar Singh
Public Information Officer & Dy. Education Officer
Municipal Corporation of Delhi
O/o The Dy. Education Officer
Shadhra North Zone, Keshav Chaowk,
Shahdara, Delhi
RTI application filed on : 08/02/2010
PIO replied : 27/03/2010
First appeal filed on : 17/03/2010 transferred on 05/04/2010
First Appellate Authority order : No order
Second Appeal received on : 22/04/2010
Information Sought Reply of the PIO
i) No. of school principals who requested the 22 principals requested for the
AEO/DEO/Director of Education Deptt. Of MCD for construction of toilet blocks in
construction of toilet blocks in their schools. Copy of the their schools.
principals’ letters to the AEO/DEO/Director of Education
Deptt. Of MCD for the same.
ii) Budgets passed by the MCD for construction of the toilet Rs. 20,000/- per block
block in the schools. Copy of the budgets passed within last 5
years.
iv) Whether the toilet blocks were constructed at the H.Q. Toilet blocks were constructed at
level/Zonal level or School level. Name and address of the the school level.
Officer/ Principal of the school.
v) Name, address and Pan No. of the construction company who Different companies constructed
constructed the toilet blocks. the blocks.
vi) Copy of the work order of the AEO/DEO/Director of No reply
Education issued to the construction company.
vii) Copy of the completion report of the AEO/DEO/Director of Copy enclosed with the reply.
Education of the MCD.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO
Order of the First Appellate Authority (FAA):
No order passed till date.
Grounds for the Second Appeal:
No order passed by the FAA and unsatisfactory information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Vijay Pal Singh;
Respondent: Absent;
The PIO has not provided some of the information demanded by the appellant and is
directed to provide this to the Appellant:
1- Query-(i): copy of the letters form the Principal’s based on which the toilets were
constructed.
2- Query(v): Name and address of the contractors and copy of the bills submitted by them.
3- Query-(vi): Copy of the work orders of AEO/DEO/Director and total amount spent.
Decision:
The Appeal is allowed.
The PIO is directed to give the information as directed above to the
Appellant before 20 June 2010.
The issue before the Commission is of not supplying the complete, required 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.
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 24 June 2010 at
11.30am 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
02 June 2010
(In any correspondence on this decision, mention the complete decision number.)(AG)