CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001317/13300
Appeal No. CIC/SG/A/2011/001317
Relevant Facts
emerging from the Appeal
Appellant : Mr. Kishore Sharma,
9406, Ganesh Line Gate,
Gaushala Marg, Kishan Ganj
Delhi-6
Respondent : Public information Officer
Municipal Corporation of Delhi
Land & Estate Department
7th Floor, Civic Center,
Minto Road, New Delhi
RTI application filed on : 20/09/2010
PIO replied : 08/10/2010
First appeal filed on : 28/12/2010
First Appellate Authority order : 25/02/2011
Second Appeal received on : 12/05/2011
Information sought by appellant:
Give the certified copy of letter no. ADC/L75/MICS/571/247 dated 16/12/1997.
Reply Of PIO:
As per record the letter dt. 16/12/1997 is not available in the office, therefore the certified copy of the
said letter can not be supplied.
Grounds of the First Appeal:
Information not provided.
Order of the FAA:
The PIO is directed to search for record & submit certified copy within 15 days from issuance of the
order.
Ground of the Second Appeal:
Information not provided.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Satyavir Singh, Superintendent.
The respondent states that despite the diligent search they could not locate the letter whose
copy the Appellant wanted. The FAA had directed the PIO on 25/02/2011 to send the record to the
Appellant within 15 days. The PIO states that he has informed the Appellant that the original record is
not available on 01/07/2011.
The respondent states that the assistance of Survey Officer of Survey Cell Mr. Jagmohan had been
taken on 25/02/2011, who provided the information only on 16/06/2011 that the letter was not
available.
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
Survey Officer of Survey Cell Mr. Jagmohan within 30 days as required by the law.
From the facts before the Commission it appears that the deemed PIO 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 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.
Mr. Jagmohan Survey Officer of Survey Cell will present himself before the Commission at the above
address on 05 August 2011 at 11.00am alongwith his written submissions showing cause why penalty
should not be imposed on him as mandated under Section 20 (1).
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.
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
07 July 2011
(In any correspondence on this decision, mention the complete decision number.) (AA)
Copy to Mr. Jagmohan, Survey Officer through Mr. Satyavir Singh, Superintendent;