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Decision No.CIC/SG/A/2009/003217/6679Adjunct
Appeal No. CIC/SG/A/2009/003217
SHOWCAUSE HEARING:
Appellant : Shri Dhiraj Kumar,
C/o Phodra, Gali no. 12,
Rana Marg, Saboli,
Delhi-110093
Respondent : Mr. Ravi Deep Chahar,
PIO & AC (DEMS)
Municipal Corporation of Delhi
MCD office, Shahdara North Zone,
Keshav Chowk, Shahdara
RTI application filed on : 22/07/2009
PIO replied : 11/08/2009
First Appeal filed on : 24/08/2009
First Appellate Authority order : 30/09/2009
Second Appeal Received on : 19/12/2009
Notice of Hearing Sent on : 04/01/2010
Hearing Held on : 03/02/2010
Appellant sought following information regarding plan for drainage the dirty water from said colony:
Sl.No Information Sought Reply of PIO
1. Whether any plan had been prepared in last years for No plan had been prepared.
drainage of dirty water from Khadda Colony, Saboli Bag
Part-II in last years.
2. If there was not prepared any plan for drainage of dirty water No plan was prepared, but
from said colony, then whether any plan has been made by a Pump has been installed
the department now. If yes, what is the plan? By which date by DEMS for drainage the
this plan would be implemented. Provide information in brief dirty water.
with certified copy of map of that plan & action plan.
3. Provide information regarding the arrangement for garbage This is not concerned with
management in Khadda Colony, Saboli Bag Part-II. this part. It is concerned
with Safai Deptt.
Grounds for First Appeal:
Incomplete information ( Point 3).
Order of the First Appellate Authority:
A reply had been furnished by the PIO with regard to two of the three queries of the Appellant. The
third query pertains to DEMS Department. It appears that original application had not been transferred
to the concerned PIO. PIO of DEMS Department was directed to furnish reply to query no. 3 within a
period of one week.
Grounds for Second Appeal:
Incomplete information. Rest Information not provided.
Relevant Facts
emerging during Hearing on 03 February 2010:
“The following were present:
Appellant: Absent;
Respondent: Mr. Shrimnadir, EE(M-I) on behalf of Mr. C.B.Singh, PIO & SE-I;
Mr. Chandan Singh, Office Superintendent on behalf of Mr. Ravi Deep Chahar, PIO &
AC (DEMS);
The FAA Mr. Azimul Haq had passed an order on 30/09/2009 directing PIO of DEMS
Department Mr. Ravi Deep Chahar who was present during the hearing to provide the information
within one week. The Respondent states that this information was sent to the Appellant by speed post
no. ED946152280IN on 21/01/2010. Thus information which should have been sent by 07/10/2009
was sent on 21/01/2010.”
Commission’s Decision dated 03 February 2010:
“The appeal is allowed.
The information appears to have been provided.”
Facts leading to Showcause:
The issue before the Commission was of not supplying the complete, required information by the PIO
Mr. Ravi Deep Chahar within 30 days as required by the law. From the facts before the Commission it
appeared that the PIO Mr. Ravi Deep Chahar was 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 had further refused to obey the orders of his superior officer, which raised
reasonable doubt that the denial of information may also be malafide. The First Appellate Authority
had clearly ordered the information to be given. Hence a showcause notice was issued to him, and he
was directed give his reasons to the Commission to show cause why penalty should not be levied on
him on 10 March 2010 at 10.30am.
Relevant Facts emerging during Showcause Hearing on 10/03/2010:
The following were present:
Respondent: Mr. Raman Kumar, Dealing Assistant on behalf of Mr. Ravi Deep Chahar, PIO & AC
(DEMS);
The PIO has not come for the hearing but has send Mr. Raman Kumar, Dealing Assistant with
a letter dated 09/03/2010 in which he contends that the RTI application was not transferred to him by
SE, Shahdara North Zone and hence he did not send the information. He does not deny the fact that he
held the information was present during the FAA’s hearing during which he had been specifically
instructed to furnish the reply to query no-3 within a week. It is clear that he had gone to the FAA
hearing as a PIO to DEMS Department and had been instructed to furnish the reply within a week. In
this event he is liable to furnish the information with he failed to do. The Commission gives one more
opportunity to Mr. Ravi Deep Chahar to showcause why penalty under Section 20(1) of the RTI Act
should not be levied on him. He is directed to present himself before the Commission on 14 April
2010 at 3.30PM.
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
03 February 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj