Central Information Commission Judgements

Ms.Shobhana Devi vs Mcd, Gnct Delhi on 11 June, 2010

Central Information Commission
Ms.Shobhana Devi vs Mcd, Gnct Delhi on 11 June, 2010
                    CENTRAL INFORMATION COMMISSION
                        Club Building (Near Post Office)
                      Old JNU Campus, New Delhi - 110067
                             Tel: +91-11-26161796

                                                   Decision No. CIC/SG/A/2010/001177/8113
                                                          Appeal No. CIC/SG/A/2010/001177

Relevant Facts

emerging from the Appeal:

Appellant                           :      Mrs. Shobana Devi
                                                  H-3/374, Sector-16,
                                                        Delhi-110085.

Respondent                          :      Mr. M. P. Gupta
                                           Public Information Officer & SE
                                           Municipal Corporation of Delhi

O/o the Executive Engineer (M-RZ)-IV
Road No.44, Village Pitampura,
Rohini Zone, Rohini, Delhi-

110034.

RTI application filed on            :     17/02/2010
PIO replied                         :     23/03/2010
First appeal filed on               :     25/03/2010
First Appellate Authority order     :     No order.
Second Appeal received on           :     06/05/2010

Information Sought:                                        Public Information Officer's        (PIO)
                                                           reply:

i) Certified copy of the letter No.D/SE/II/RZ/09/762, The matter pertains to the office of SE
dated 03/11/2009 with the annexures. (RZ) – II. Copy of the reply along with
postal proof from SE-II office attached.

ii) Mode of Postal Service used for sending the said letter Same as above.
and a copy of the postal proof.

iii) The date on which the said letter was received by the Same as above.
Appellant. Proof of receipt by the Appellant

iv) Whether new dispatch no. is put on every letter/ reply Same as above.
sent by the office on different dates. If no, reason for the
same.

Grounds for the First Appeal:

Unsatisfactory information provided by the PIO

Order of the First Appellate Authority (FAA):
No order.

Grounds for the Second Appeal:

Unsatisfactory information provided by the PIO and no order by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Dinesh Kumar on behalf of Mrs. Shobana Devi;
Respondent: Mr. M. P. Gupta, Public Information Officer & SE;

The appellant shows that he was sent a notice of hearing by the FAA to appear for the
hearing on 21/04/2010 without being given any time. The First Appellate Authority Mr. V. K.
Gupta, Dy. Commissioner appears to be guilty of dereliction of duty since he does not appear to
have passed any order in the matter.

The First Appellate Authority Mr. V. K. Gupta, Dy. Commissioner is directed to present
himself before the Commission with his explanation on 28 June 2010 at 4.00pm to showcause
why the Commission should not recommend disciplinary action against him for dereliction of
duty.

The PIO has provided the information however he has not given the attested photocopies. The
PIO is directed to provide attested photocopies once again to the appellant.

Decision:

The Appeal is allowed.

The PIO is directed to provide attested photocopies of the documents once
again to the appellant before 25 June 2010.
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
11 June 2010
(In any correspondence on this decision, mention the complete decision number.)(AG)
CC:

To,
Mr. V. K. Gupta, Dy. Commissioner & FAA through Mr. M. P. Gupta, Public
Information Officer & SE;