CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002846/5760
Appeal No. CIC/SG/A/2009/002846/
Relevant Facts
emerging from the Appeal
Appellant : Mrs Sanggita Kotawala,
W/o Shri Sandip Kumar Kotawala,
2502, Gurudwara Road, Karol Bagh,
New Delhi- 110005.
Respondent : Public Information Officer & SE
Municipal Corporation of Delhi,
16, Rajpur Road, Delhi 110054
RTI application filed on : 17/07/2009
PIO replied : No reply.
First appeal filed on : 13/08/2009
First Appellate Authority order : 17/09/2009
Second Appeal received on : 05/11/2009
Information Sought (in reference to property no 8/1, Saraswati Kunj, Alipur Road,
Shamnath Marg, Civil Lines, Delhi-54).
a) Reasons for no reply to the letter dated 08/06/2009 to Addl. Commissioner, Mr PS
Tomar, Civil Lines, regarding a representation about the stop construction work notice.
b) Copy of all the documents, notings, opinions and reports submitted by MCD Civil
Line Zone.
c) Copy of all the documents, notings, opinions and reports submitted by the Building
Department (HQ), MCD, Town Hall.
d) Date when the stop construction order dated 15/05/2009 was served on the co-owners
of the property.
e) Whether any action has been taken against the co-owners (Smt. Lalita Garg and Smt.
Ritu Garg) of the property for continuing with the construction activity even after the stop
construction notice.
Reply of the PIO
No reply given by PIO.
First Appeal:
No information provided by the PIO.
Order of the FAA:
The FAA directed the PIO to provide complete information to the Appellant within 10
days and also furnish a copy of the reply to the FAA.
Ground of the Second Appeal:
Non compliance of orders of FAA. No information was provided by PIO even after
FAA’s order.
Decision:
The Commission has perused the documents submitted by the Appellant. The Appellant
filed an RTI Application on 17/07/2009. The Appellant did not receive any response from
the PIO and subsequently filed a First Appeal. The First Appellate Authority in its order
dated 17/09/2009 directed the then PIO, Mr. Ranvir Singh, to provide the information to
the Appellant within 10 days with a copy to him. Despite the order of the First Appellate
Authority, till the date of filing of the Second Appeal, the Appellant did not receive any
information.
The information sought by the Appellant in all queries 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 PIO & SE, CLZ to provide information with
respect to all queries of the RTI Application to the Appellant before 31 December 2009.
The Appeal is allowed.
Complete information should be provided to the Appellant before 31 December
2009.
The current PIO & SE, CLZ is directed to submit proof of sending the information to the
Appellant to the Commission before 4 January 2010.
From the facts before the Commission it is apparent that Mr. Ranvir Singh, the then PIO
& SE, CLZ is guilty of not furnishing information within the time specified under sub-
section (1) of Section 7 as he did not reply within 30 days of receiving the RTI
Application. 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.
Mr. Ranvir Singh will present himself before the Commission at the above address on
4 January 2010 at 10.30 a.m. 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 PIO
& SE (CLZ) is directed to inform such persons of the show cause hearing on 4 January
and direct them to appear before the Commission on 4 January 2010 along with him.
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
07 December 2009
(In any correspondence on this decision, mention the complete decision number.)
(RR)
CC:
Mr. Ranvir Singh
Through PIO & SE
Municipal Corporation of Delhi,
16, Rajpur Road, Delhi 110054