Central Information Commission
CIC/WB/A/2007/00594 Dated 18/06/2007
Right to Information Act-2005 -Under Section (19)
Appellant: Shri Praveen Kumar Verma
Respondent: Director, Housing,
Delhi Development Authority (DDA).
Decision
The applicant, Shri Praveen Kumar Verma of Rohini, Delhi has submitted
an application under the Right to Information Act, 2005 seeking information from
the PIO, Director (H), Delhi Development Authority on 20.11.2006. Since the
information provided by the PIO was not satisfactory, the applicant approached
the First Appellate Authority u/s 19(1) of the RTI Act. The First Appellate
Authority, Commissioner Housing DDA by his order dt. 08.02.2007 has directed
the PIO “provide the appellant the copy of policy regarding allotment of scooter
garages after obtaining the same from Architectural & Engineering Wing.”
The applicant has approached this Commission submitting, inter-alia, that
in spite of the orders passed by the first Appellate Authority, the PIO has not
complied with the orders and the information requested has not been furnished
till date.
From the facts above, it appears that this is a case of malafide denial of
Information by the PIO. However since it is the responsibility of the First
Appellate Authority to ensure that the orders passed by it are duly complied with
by the PIO, the Commission, therefore, has decided to remand the case back
to the Ms Asma Manzar, first Appellate Authority to ensure that her orders
under section 19(1) are duly complied with and the requested information
furnished in terms of the order so passed, with the qualification that now, in
accordance with Sec 7(6) of the RTI Act, 2005, no fees will be charged.
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If the compliance is not ensured within 15 days from the date of receipt of
this order, the FAA should approach this Commission for initiation of proceedings
under section 20 of the RTI Act for imposition of penalty and/or recommending
appropriate disciplinary action. This will be without prejudice to the right of Ms
Manzar, First AA to initiate other penal action under the Indian Penal Code
against the PIO for willful violation of lawful orders promulgated by a public
servant while exercising statutory powers.
With these directions, the appeal is disposed of. Notice of this decision be
given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
31.07.2008
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the
Appellate Authority of this commission.
(PKP Shreyaskar)
Jt. Registrar
31.07.2008
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