CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/002864/5764
Appeal No. CIC/SG/A/2009/002864
Relevant Facts
emerging from the Appeal
Appellant : Ms. Kanta Devi
D-73, Staff Quarters,
Central Jail Tihar Jail,
New Delhi – 110064
Respondent : PIO, DEMS (HQ)
o/o Asst. Commissioner/DEMS/HQ
Municipal Corporation of Delhi
Town Hall, Gandhi Mela Ground
Delhi – 110006
RTI application filed on : 12/06/2009
PIO replied : 08/07/2009
First appeal filed on : 12/08/2009
First Appellate Authority order : 09/10/2009
Second Appeal received on : 09/11/2009
Information Sought:
Photocopies of all relevant documents regarding inquiry relating to the duty of Mr. Shyam Sunder
Sharma and those documents signed by the Appellant in that regard.
Reply of the PIO:
The PIO allowed the Appellant to inspect the relevant file, after contacting Sh A.K. Saxena,
Assistant Commissioner/DEMS-III and procure the documents at the cost of Rs. 2/- per page.
First Appeal:
During the inspection conducted by the Appellant on 03/08/2009 the file requested by him could
not be found.
Order of the FAA:
The FAA directed the PIO to supply the relevant information to the Appellant within 15 days, free
of cost.
Ground of the Second Appeal:
That the Appellant has still not been supplied with the proper information.
Decision:
The Commission has perused the documents submitted by the Appellant. The Appellant filed an
RTI Application on 12/06/2009. The Appellant received a response from Mr. Devendar Kumar,
PIO/Chief Engineer/DEMS dated 08/07/2009 in which he asked the Appellant to inspect the
relevant file. The Appellant went for inspection but was not shown the relevant records and he
filed a First Appeal. The First Appellate Authority in its order dated 09/10/2009 directed the PIO,
DEMS, HQ to supply the relevant information to the Appellant within fifteen days from the date of
the order. 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 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, DEMS, HQ to
comply with the order of the First Appellate Authority and provide the complete information to the
Appellant before 31 December 2009.
The Appeal is allowed.
Complete information should be provided to the Appellant before 31 December 2009.
The PIO, DEMS, HQ is directed to submit proof of sending the information to the Appellant to the
Commission before 5 January 2010.
From the facts before the Commission it is apparent that the PIO, DEMS, HQ is guilty of not
furnishing the complete information within the time specified under sub-section (1) of Section 7.
He has further not obeyed 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.
He will give his written submissions to show cause why penalty should not be imposed on him as
mandated under Section 20 (1) before 5 January 2010.
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, DEMS, HQ is
directed to inform such persons of the show cause notice and direct them to send their submissions
to show cause why penalty should not be imposed on them under Section 20(1) of the RTI Act
before 5 January 2010.
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.)(PS)