Central Information Commission
Mr.Pankaj Bansal vs Mcd, Gnct Delhi on 6 December, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002392/9749Adjunct
Appeal No. CIC/SG/A/2010/002392
Relevant Facts emerging from the Appeal
Appellant : Mr. Pankaj Bansal
B-10, Ramesh Nagar
Double Storey Quarters
Delhi-110015
Respondent : Mr. V. R. Bansal
Public Information Officer & SE-I
Municipal Corporation Of Delhi
Office of Supt. Engineer-I
Vishal Enclave, Rajouri Garden
Delhi-27
RTI application filed on : 31/12/2009
PIO replied : Not Replied
First appeal filed on : 22/03/2010
First Appellate Authority order : 26/04/2010
Second Appeal received on : 27/08/2010
Information Sought:
1. Whether the seal of all the 4 flats opened with permission from MCD?
2. If yes under what circumstances were all the four seals opened as the entire building had been constructed
in violation of all existing building bylaw ?
3. Provide the names of the concerned people in MCD with whose permission the seals of 4 flats were
opened.
4. If the seals of all 4 flats had been opened without the permission of the MCD and inform what action could
be taken by the MCD against the Owner of B-12 for removing the court seal without MCD permission.
5. The builder had extended the building on both the sides of the plot on to front road as well as back lane by
almost 3 feet or more. Is it legal to extend the building on both sides by almost 3 feet or more.
6. If no what action could MCD take to remove the unauthorized structure.
7. While constructing the flats the builder had encroached upon the common space on which the owner of B-
12 had no ownership. What action can be taken to remove this encroachment in common space.
8. The left side of the flat when facing the east on the roof of the flat encroached upon the common space as
well as the space of adjacent flat. What action could be taken by the MCD to remove the construction.
9. Has the building bearing address B-12 constructed with some approved building plans.
10. Provide the copy of the building plan as well as completion certificate issued by the MCD.
11. If the building had been constructed without any building plan then provide the name of the concerned
MCD engineer incharge of this area in 2005 when the building was constructed.
Reply of the Public Information Officer (PIO)
No Reply was given.
Grounds for the First Appeal:
No answer to the queries pertaining to the letter.
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Order of the First Appellate Authority (FAA):
The PIO was directed to provide the explanation for not providing the information.
Grounds for the Second Appeal:
Non-compliance of the order of the FAA.
Relevant Facts emerging during the hearing held on 12/10/2010:
The following were present
Appellant: Absent;
Respondent: Mr. V. R. Bansal, PIO & SE; Mr. P. R. Meena, AE(B);
"The appellant has sent a letter to the Commission on 17/09/2010 stating that he has received the
information satisfactorily on 26/08/2010.
The PIO states that the RTI application was received on 05/01/2010 and then it is difficult to trace what
happened to RTI application. He states that after the order of the FAA the application was with Mr. P. R.
Meena, AE(B) for 59 days and subsequently 41 days with Mr. N. K. Jha, JE(B). Mr. P. R. Meena who
was present was shown the submissions of the PIO in which he has been shown to have been responsible
for the delay of 59 days."
Decision dated 12/10/2010:
The Appeal was allowed.
"The issue before the Commission is of not supplying the complete, required information by the
deemed PIOs Mr. P. R. Meena, AE(B) and Mr. N. K. Jha, JE(B) within 30 days as required by the
law.
From the facts before the Commission it is apparent that the deemed PIOs Mr. P. R. Meena, AE(B) and
Mr. N. K. Jha, JE(B) 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.
Mr. P. R. Meena, AE(B) and Mr. N. K. Jha, JE(B) will present themselves before the Commission at the
above address on 03 December 2010 at 02.30PM alongwith their written submissions showing cause
why penalty should not be imposed on them 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."
Relevant facts emerging during the hearing held on 03/12/2010:
Respondent: Mr. N.K. Jha, the then deemed PIO & JE(B)
"The deemed PIO Mr. N.K. Jha has stated that he was posted in the concerned area since
02/03/2010 and he had never received the original RTI application dated 31/12/2009. The information
sought is related to the sealing/de-sealing of certain property and the same could only be provided after
obtaining the Sealing/De-sealing file of the said property. Mr. Jha has stated that the said file was never
handed over to him by his predecessors Mr. Rajesh Sharma and Mr. Hitesh. After having received the
FAA's order dated 26/04/2010 on 16/07/2010, Mr. Jha had sought assistance of the OI(B) i.e. the record
keeper but the concerned file was not with him. In support of this Mr. Jha has shown various file notings
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dated 20/07/2001 and 03/08/2010. Further, Mr. Jha had inspected the site and gathered the information
with the help of higher officials and had provided the complete information to the Appellant on
24/08/2010.
The Commission is satisfied with the explanation of Mr. N.K. Jha. In view of this, the penalty
proceedings against Mr. N.K. Jha are hereby dropped."
Facts leading to showcause hearing on 06/12/2010:
Since the deemed PIO & AE(B) Mr. P.R. Meena did not appear on 03/12/2010, he was contacted on phone by the Commission's official. Mr. Meena informed that he inadvertently missed the date of hearing. The Commission directed Mr. Meena to appear before the Commission on 06/12/2010 at 02:30 pm alongwith his written submissions to showcause why penalty should not be levied on him for not providing information as per RTI Act.
Relevant facts emerging during showcause hearing dated 06/12/2010:
Respondent: Mr. P.R. Meena, Deemed PIO & the then AE(B);
Mr. P.R. Meena has submitted that the FAA's order was marked to him on 13/04/2010 and he further forwarded the same to the AE(B) Mr. P.K. Sharma on 19/04/2010.
However, the Commission observes that the FAA's had passed the order only on 26/04/2010. Mr. Meena has stated that since he was transferred from West Zone he could not bring the relevant records with him. Mr. Meena states that Mr. Bansal's statement that the RTI Application was with Mr. Meena for 59 after the order FAA is false. In view of this the Commission decides to summon Mr. V. R. Bansal and Mr. P. R. Meena to appear before the Commission with all the evidence to determine who was responsible fro the delay. They will get their written submissions and any paper which they wish to present as any evidence before the Commission and showcause why penalty should not be levied on them under Section 20(1) of the RTI Act. They will appear before the Commission on 07 January 2011 at 04.30PM.
Adjunct Decision:
Mr. V. R. Bansal, PIO & SE-I(West Zone) and Mr. P. R. Meena AE(B) Town Hall are directed to appear before the Commission on 07 January 2011 at 04.30PM.
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 06 December 2010 (In any correspondence on this decision, mention the complete decision number.)(AM) CC;
Mr. P.R. Meena, Deemed PIO & the then AE(B) O/o the ADC (Engineering) Municipal Corporation of Delhi Town Hall, Chandni Chowk, Delhi - 110006 Page 3 of 3