CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000114/13823
Complaint No. CIC/SG/C/2011/000114
Relevant Facts
emerging from the Complaint:
Complainant : Mr. Vinod Kumar Garg
R-6/5 C Raj Nagar,
Ghaziabad, Uttar Pradesh
Respondent : Mr. Sri Krishan
PIO/Dy. Director (Civil Assessment)
Civil Estt. Unit-II,
New Delhi Municipal Council,
Personnel Department,
Palika Kendra,
New Delhi - 110001
RTI application filed on : 29/09/2010
Complaint received on : 02/02/2011
Complaint notice sent on : 05/02/2011
Information sought:-
The appellant wants the following information:-
1. Please provide a Daily Progress Report from the date of letter/application/complaint up
to the date of supplying the information in the following format:
(i)Date
(ii)Receipt
(iii)Name & Designation of official
(iv)Details of action taken by official
(v)Date Out
(vi)Dispatch Reference
(vii) Period
2. Please provide all applicable/specified time lines as to, according to your citizens’
charter or rules/regulations, the no. of days it takes for such a work to be processed at
each step.
3. If you have a timeline for stage-wise handling of the matter, provide a copy of the
same.
4. Please provide the names, designations and current official contact details of those
officers who were supposed to take action but. who have not done so, or have not
adhered to the time limits.
5. Not adhering to time limits renders one guilty of misconduct under conduct rules.
Please advise what action is specified against guilty officials. I will file a separate
application to know if you have taken that action and the details thereof.
Page 1 of 3
6. Disobeying any direction of law renders a public servant liable to be punished under
section 166 of Indian Penal Code. Please advise if you will file a criminal complaint
against guilty officials. If yes, please advice by when. If not, I will be forced to do so.
7. Please inform the present status.
8. Please advice a date by when the matter will he resolved/concluded for my pay and
disbursement of Arrears.
Ground of the Complaint:
Information provided by the PIO is incomplete.
Reply from PIO:-
It is informed that the applicant’s case is under process to fix his pay under 6 th CPC. After
that it’ll be processed for his revised pension as there is no delay on the part of anybody
else.
Submissions received from the PIO:
Vide letter dated 28/02/2011 addressed to the Complainant, the PIO (Civil Estt.)/Dy.
Director (Civil), NMDC submitted that:-
1. The information sought by the Complainant has been furnished vide letter dated
05/08/2010.
2. Further, regrets the delay in the reply caused by mix up of the files.
3. The Complaint went in appeal to the First Appellant Authority, which directed the PIO
to fix the pension of the officer within 15 days of the Order. In compliance of the said
order the PIO/ Dy. Director (Civil) stated that the pay has already been fixed
according to the 6th CPC and arrears arising from the same have already been remitted
into the Complainant’s account and the Complainant is not entitled to avail the grant
of 3rd ACP according to the 6th CPC guidelines.
Submissions received from the Complainant:
1. Vide letter dated 14/03/2011, the Complainant submitted that the reply provided by
the PIO after the lapse of about 120 days, is not as per the RTI application. The
information regarding Query No 1, 2, 3, 4, 5, 6. & 8 is not provided.
Relevant Facts emerging during Hearing:
The following were present
Complainant: Mr. Vinod Kumar Garg;
Respondents: Mr. Sri Krishan, PIO & Deputy Director (Civil Assessment) and Mr. N. C.
Gupta, Officiating SO.
The Respondent admits that no information had been sent to the Complainant when the
RTI application was received. He states that the RTI application was given to Mr. T. D.
Chetwani, Senior Assistant who was the Deemed PIO. The information has been
provided to the Complainant on 26/07/2011 which the Complainant has received. The
Complainant states that he has received the complete information. There is no reasonable
explanation being offered by the Respondent why the information was not provided
within 30 days and his claim is that the Deemed PIO Mr. T. D. Chetwani had mixed up
the papers and hence not provided the information.
Decision:
The complaint is allowed. The information has been provided as admitted by the
Complainant.
Page 2 of 3
The issue before the Commission is of not supplying the complete, required
information by the Deemed PIO Mr. T. D. Chetwani within 30 days as required by
the law.
From the facts before the Commission it appears that the Deemed PIO Mr. T. D.
Chetwani 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 Mr. T. D. Chetwani’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 August 23, 2011
at 2:30 pm alongwith his written submissions showing 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 Complainant, the Deemed PIO Mr. T. D.
Chetwani 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
03 August 2011
(In any correspondence on this decision, mention the complete decision number.)(SS)
CC: To Mr. T. D. Chetwani, Deemed PIO (Through Mr. Sri. Krishan, PIO &
Deputy Director (Civil Assessment))
Page 3 of 3