CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000803/7719
Appeal No. CIC/SG/A/2010/000803
Relevant Facts
emerging from the Appeal:
Appellant : Mrs. Saroj Gupta,
JP-2/ III Floor, Maurya Enclave,
Delhi - 110034
Respondent : Public Information Officer &
Assistant Commissioner,
Land and Estate Department,
MCD, Town hall,
Delhi - 110006
RTI application filed on : 16/10/2009
PIO replied : 18/11/2009; 11/12/2009
First appeal filed on : 07/12/2009
First Appellate Authority order : 25/01/2010
Second Appeal received on : 29/03/2010
Sl Information Sought Reply of PIO (Respondent 1) Reply of PIO
No. on 18/11/2009 (Respondent 2)
on 11/12/2009
1. Date wise developments on the
following letters of the Applicant
either addressed to the Commissioner
or copies of which were endorsed to
the Commissioner: i) to v) relate to PIO/Bldg Deptt,
i) letter dated 24/06/2009 Civil Lines Zone, has been
ii) letter dated 13/08/2008 transferred by this office letter
iii) letter dated 05/03/2009 no. AC/L&E/2009/D-12716 dt.
iv) letter dated 20/07/2009 04/11/09.
v) letter dated 23/07/2009 vi) CIC complaint the
vi) letter dated 07/09/2009 undersigned has nothing to say.
vii) Relates to Land and
vii) letter dated 1/10/2009 and Building Deptt, Vikas Bhawan.
07/09/2009 The same has been transferred
vide this office ordr no.
AC/L&E?2009/D-12716 dtd.
04/11/09.
viii) letter dated 01/10/2009 viii) Complaint is before CIC.
Reply has already been filed.
Page 1 of 3
2. Day to day developments on letter This issue regarding land
dated 02/09/2009 acquisition which is under
process.
3. Day to day progress on letter dated The matter is under progress
21/08/2008, as approved by C’ner on however regards are being
22/09/2009. pursued to clarify the collusion
if any by the then officer/official
of this deptt.
4. Copy of instructions on dealing with It is not possible for the deptt to
letters from the public and reply to each and every
requirement of sending replies thereto. complaint or letter unless
specifically required to be
replied to.
5. Is it a fact that the officers dealing It relates to the Central Not correct. As
with the cases of L&E Deptt right Establishment Deptt and the such, the applicant
from the post of AC onwards do not same has been transferred vide is requested to
possess the powers to decide matters this office letter no. attend this office
as the appointments are tainted due to AC/L&E/2009/D-12716 dated within 3 days of
non compliance with the constitutional 04/11/09. receipt of the letter
provisions on manning public offices? for inspection of
If so, what is the progress and the the relevant files
present position of putting suitable of the officers
officers in position who are competent appointed/
to handle and decide the municipal working in Lands
matters in the Land Estate Deptt? Give and Estate Deptt.
the supporting documents too.
Grounds for First Appeal:
Unsatisfactory information provided.
Order of the First Appellate Authority:
PIO (CED) is directed to provide the complete information within a month passing of the Order.
PIO (L&E), PIO (Engg), and SE (Bldg), Civil Lines Zone is directed to give the requisite
information within twenty days.
Reply of PIO JE (B)/ CLZ on 19/03/2010 (after Order of First Appellate Authority):
Regarding query 1 i) to v), the Applicant is requested to inspect the relevant case file in the
office of E.E. (Bldg) Civil Line Zone on any working days. Time and date may be fixed on
telephone no. 9990695856.
Grounds for Second Appeal:
Same as grounds for First Appeal.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Vijay Gupta on behalf of Mrs. Saroj Gupta;
Respondent: Absent;
The Appellant states that the only reply he got after the order of the FAA was from PIO
Civil Lines Zone in which the Appellant was asked to inspect the files in the office of EE(B).
The appellant has sought information about the action taken on eight letter mentioned by her.
Page 2 of 3
There can be no need to inspect the records for this. The FAA had also clearly ordered PIO Land
& Estate, PIO Engineering and SE(Building) Civil Lines Zone to provide the information. The
Commission directs them to provide the information to the Appellant the following format.
Date on which Name and designation of Action taken Date o which forwarded to
Complaint received The officer receiving it. Next officer/office.
*there will be as many rows as the number of officers who handled the complaint.
Decision:
The appeal is allowed.
The PIO Land and Estate is directed to ensure that the information on all the
eight letters is furnished to the Appellant in the format given above. If there are
any file notings photocopies of these will also be provided. The information will be
provided to the Appellant before 05 June 2010.
The issue before the Commission is of not supplying the complete, required information by
the PIO Land & Estate within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO Land & Estate 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.
PIO Land & Estate will present himself before the Commission at the above address on
08 June 2010 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.
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.
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
13 May 2010
(In any correspondence on this decision, mention the complete decision number.)(MS)
Page 3 of 3