Central Information Commission
Mr.R R Meena vs Mcd, Gnct Delhi on 28 January, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003408/11161
Appeal No. CIC/SG/A/2010/003408
Relevant Facts emerging from the Appeal
Appellant : Mr. R.R. Meena
AE(C), Najafgarh Division (M-III/NGZ)
Najafgarh Zone, MCD, Udyog Nagar,
Peera Garhi, New Delhi
Respondent : Mr. S. P. Sharma
PIO & Asst. Director of Vigilance Vigilance Department, Municipal Corporation of Delhi 26th Floor, Civic Center, Dy. Shyama Prasad Mukherjee Marg, New Delhi - 110002 RTI application filed on : 29/04/2010 PIO replied : 20/07/2010 First appeal filed on : 16/06/2010 First Appellate Authority order : 17/08/2010 Second Appeal received on : 02/12/2010 S. No Information Sought Reply of the PIO
1. Please state that the basis of the charge sheet, is Under the directions of the Hon'ble High Court the booking of the unauthorized construction on the basis of record supplied by Building /deviations without verification of the fact that the Dept. of concerned areas. unauthorized construction / deviations was carried out during my tenure or not.
2. Is it correct that the booking of some properties Pertains to EE (Building) Rohini Zone.
enclosed with the charge sheet are not related to me.
3. Please state the names of the JEs who have been It pertains to investigation units and report, is charge sheeted in the properties related to me being collected from concerned units which which are enclosed with the charge sheet. will he provided in due course.
4. Please state the punishment, if any, awarded to the Same as above.
JEs in the aforesaid properties.
Grounds for the First Appeal:
Reply was not given by the PIO even after the lapse of 30 days. Order of the First Appellate Authority (FAA):
PIO to supply relevant information to point nos. 3 and 4 within 21 working days.
Grounds for the Second Appeal:
Non compliance of FAA's order by the PIO.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. R.R. Meena;
Respondent: Mr. Tirth Ram, AD on behalf of Mr. S. P. Sharma, PIO & Asst. Director of Vigilance;
The information on query-03 & 04 as ordered by the FAA was not supplied to the Appellant since the file was with Mr. Sri Krishan who did not take any action in the matter. The Respondent states that the order of the FAA had been given to Mr. Sri Krishan, Dealing Hand who was the deemed PIO. The respondent has brought the information with him and has given it to the appellant.
Decision:
The Appeal is allowed.
The information has been provided.
The issue before the Commission is of not supplying the complete, required information by the deemed PIO Mr. Sri Krishan, Dealing Hand 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. He has further refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has clearly ordered the information to be given.
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. Sri Krishan, Dealing Hand & Deemed PIO will present himself before the Commission at the above address on 11 March 2011 at 03.00pm 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 28 January 2011 (In any correspondence on this decision, mention the complete decision number.) (Su) CC;
To, Mr. Sri Krishan, Dealing Hand & Deemed PIO Delhi Urban Shelter Improvement Board, GNCTD Punarvas Bhawan, I.P. Estate, New Delhi- 110002.