CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003088/6466
Appeal No. CIC/SG/A/2009/003088
Appellant : Smt. Saraswati Devi,
13/71, Double Storey Quarters,
Dev Nagar, Karol Bagh,
New Delhi-110005.
Respondent : Mr. R. Prasad
Public Information Officer & SE
O/o the Superintending Engineer,
Municipal Corporation of Delhi,
16, Rajpur Road, Civil Lines Zone,
Delhi-1100054
RTI application filed on : 20/08/2009
RTI transferred on : 07/09/2009
PIO replied : Not replied
First Appeal filed on : 20/10/2009
First Appellate Authority order : 30/10/2009
Second Appeal Received on : 07/12/2009
Notice of Hearing Sent on : 17/12/2009
Hearing Held on : 19/01/2010
Information sought:
Appellant sought following information regarding sanction of building plan of Appellant's Property
no. 7341:
i. Policy of MCD and the time within which a building plan is sanctioned for property located
in MCD area after submission of necessary building plan along with necessary fee.
ii. The date on which Appellant's application was received in the Department and the date on
which necessary reply to the objection raised by MCD, S.P.Zone,(Kamla Nagar ward) was
received by them.
iii. The date on which Mr. P. Meen, Junior Engr of the above ward processed Appellant's
application after receipt of reply to the objection raised by MCD,S.P.Zone(Kamla Nagar
Ward).
iv. The name of officer/staff responsible for delay in sanctioning the building plan of
Appellant's above mentioned property.
v. A copy of the note sheets and other relevant documents by which Appellant's as had been
dealt with.
vi. Time by which the building plan would be sanctioned to the Appellant.
vii. Action to be taken against the erring officials who were responsible for delay in sanctioning
building plan to the Appellant.
viii. Total number of applications (with their details) submitted in MCD, S.P Zone (Ward-wise)
for the sanction of building from October, 2008 to July, 2009.
ix. Total number of building plan sanctioned during the above period with details in S.P.Zone,
Ward-Wize) specially in the area for which Mr. P. Meena was Junior Engineer.
PIO's Reply:
Application was transferred by the PIO, SE/Sadar Paharganj Zone vide letter dated 07/09/2009 to the
Respondent mentioned above.
Grounds for First Appeal:
Non supply of information.
Order of the First Appellate Authority:
PIO was directed to furnish detailed and complete information within 10 days.
Grounds for Second Appeal:
Information not provided till date.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. R. Prasad PIO& SE;
The PIO states that no information had been provided to the Appellant and that the information
has been sent to the Appellant on 15/01/2010. The PIO states that on receiving the RTI application on
07/09/2009 he forwarded it to the deemed PIOs Mr. M.R.Mittal, EE Building. The PIO has also
brought a written chart showing that Mr. B.S. Yadav, EE(Building) was responsible for a delay of 37
days from 22/09/2009 to 29/10/2009, Mr. Panna Lal, EE(Building) was responsible for a delay of 53
days from 30/10/2009 to 23/12/2009 and Mr. V.P.Dahiya, EE(Building) was responsible for a delay of
25 days from 24/12/2009 to 15/01/2010.
Decision:
The appeal is allowed.
It appears that the information has been provided to the Appellant on 15/01/2010.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIOs Mr. B.S. Yadav, EE(Building), Mr. Panna Lal, EE(Building) and Mr. V.P.Dahiya,
EE(Building) within 30 days as required by the law. From the facts before the Commission it is
apparent that the deemed PIOs are 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 deemed PIOs actions attract the penal provisions of Section 20 (1). A showcause
notice is being issued to them, and they are directed give their reasons to the Commission to show
cause why penalty should not be levied on them.
Deemed PIOs Mr. B.S. Yadav, EE(Building), Mr. Panna Lal, EE(Building) and Mr. V.P.Dahiya,
EE(Building) will present themselves before the Commission at the above address on
22 February 2010 at 10.30am alongwith their written submissions showing cause why penalty should
not be imposed on them 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
19 January 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj
CC: To,
Deemed PIOs Mr. B.S. Yadav, EE(Building), Mr. Panna Lal, EE(Building) and
Mr. V.P.Dahiya, EE(Building) through Mr. R. Prasad PIO& SE;