CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002301/5431
Appeal No. CIC/SG/A/2009/002301
Appellant : Ms. Sunita
80/94 Gram Sabha,
Pipal Chowk,Mohan Garden,
Uttam Nagar, Delhi-110059;
Respondent : Mr. Om Prakash
Public Information officer &
Dy. Education Officer
Municipal Corporation of Delhi
Office of the Asstt. Commissioner,
West Zone Rajouri Garden,
Vishal Enclave, New Delhi-110027
RTI application filed on : 06/04/2009
PIO replied : 28/05/2009
First Appeal filed on : 03/06/2009
First Appellate Authority order : 17/07/2009
Second Appeal Received on : 11/09/2009
Date of Hearing Notice : Not mentioned.
Hearing held on : 09/11/2009
Information sought:
Appellant sought information regarding reasons for not appointing Appellant as regular. 1.
In point no.1 of RTI Application, Appellant mentioned about departmental order her
certified work report enclosed.
2. Appellant mentioned that the list made by the department from Sr. No. 01 to 86 had
been converted as regular. Sr. No. of the Appellant was 77 then reasons for not keeping
the Appellant as regular.
3. Appellant mentioned that Appellant filed complaint on 19/09/2008 to Dy. /commissioner
(West Dist, Rajouri Garden). No replay was given.
4. Basis on which the other person was being deployed on work. Provide information
about the salary and formalities completed for.
PIO's Reply:
In reply of PIO there was mentioned only that sought information pertained to Education dept of
West Zone.
Grounds for First Appeal:
Complete information not provided in respect of the Application. Appellant requested to provide
the sought information.
Order of the First Appellate Authority:
FAA mentioned that Appellant alleged that no information had been provided by the PIO
concerned in respect of her Application. PIO was directed to send the complete information
within 15 days.
Grounds for Second Appeal:
Appellant wanted to know that Whether furnished information by DEO(WZ) is correct or not. If
yes, reasons for not his not being appointed as regular.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Om Prakash, Public Information officer & Dy. Education Officer;
The PIO states that the information has been provided on 24/08/2009 to the Appellant. It
appears to be the information required by the Appellant. The PIO was asked to provide the name
of the officers responsible for the delay in providing the information. The PIO has informed the
Commission that the officer responsible for delay of 4 months and 18 days is Ms. Krishna
Chhikkra the then PIO & Dy. Education Officer.
Decision:
The appeal is allowed.
The information appears to have been provided.
The issue before the Commission is of not supplying the complete, required information by
the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that Ms. Krishna Chhikkra the then PIO &
Dy. Education Officer 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 PIO’s actions attract the penal provisions of Section 20 (1). A show cause
notice is being issued to her, and she is directed give her reasons to the Commission to show
cause why penalty should not be levied on her.
She will present herself before the Commission at the above address on 18 December 2009 at
12.00pm alongwith her written submissions showing cause why penalty should not be imposed
on her as mandated under Section 20 (1).
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
9 November 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj
CC: to,
Ms. Krishna Chhikkra the then PIO & Dy. Education Officer through Mr. Om Prakash
present Public Information officer & Dy. Education Officer