Shri Parmeet Singh Sawhney vs Municipal Corporation Of Delhi … on 20 March, 2009

               CENTRAL INFORMATION COMMISSION
                Appeal No. CIC/WB/C/2009/000155 dated 20-3-2009
                   Right to Information Act 2005 - Section 19

Appellant:            Shri Parmeet Singh Sawhney
Respondent:           Municipal Corporation of Delhi (MCD) Najafgarh


Background

: In our decision in appeal No. CIC/WB/A/2007/00403 we had
decided as follows:

“In light of the above, the information sought by appellant is
clearly covered by the definition of ‘information’ u/s 2 sub-
section (f) of the RTI Act, 2005 and may be provided to him
within ten days of the date of receipt of this Decision notice.”

Subsequently, on 7th January 2009 we received a complaint from
appellant Shri Parmeet Singh Sawhney as follows:

“The letter with mentioned file reference no. CIC/WB/A/2007/00403
was issued to Deputy Commissioner MCD on 22.7.2008. they had
to submit the report within 10 days from the said date but it was not
done. A reminder letter was issued again dated 18.12.2008 for the
same, but we did not get any response about the Non Compliance
report.”

Upon this we decided to treat this as a Complaint under Sec 18 (1)
sub-section (b) and a notice was issued to Dy. Commissioner, MCD, South
Zone. On receipt of no comments the matter was heard on 20-3-09. The
following are present:

Complainant
Shri VK Joshi
Respondents
Anil Mittal EE (B) NG
Anil Kumar AE (B 1SZ

Shri V.K. Joshi submitted that he represented the complainant but
could produce no document in support of this. The complaint was therefore,
heard without participation of the complainant.

Shri Anil Mittal, EE (B) submitted that the subject has been transferred
to him only recently and he was unable to answer for the delay in complying

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with the order of the Commission. He, however, agreed that he would provide
the information sought by complainant Shri Sawhney.

DECISION NOTICE

Shri Anil Mittal, EE, Najafgarh Zone, MCD will now provide the
information sought to complainant Shri Sawhney within 10 working days of the
date of issue of this decision notice. Even if the record with regard to the
information sought by complainant stands transferred to another Zone of
MCD, as respondents have contended before us, Shri Mittal will obtain the
record from that zone and provide the required information to complainant
Shri Sawhney within the time stipulated, failing which Shri Anil Mittal will
render himself liable to a penalty of Rs. 25,000/- for malafidely denying the
request for information and indeed obstructing disclosure of the information
sought. The complaint is admitted.

Announced in the hearing. Notice of this decision be given free of cost to
the parties.

(Wajahat Habibullah)
Chief Information Commissioner
20-3-2009

Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO
of this Commission.

(Pankaj K.P. Shreyaskar)
Joint Registrar
20-3-2009

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