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Central Information Commission

Mr.Harish Kumar vs Mcd, Gnct Delhi on 3 May, 2012

                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796
                                                            Decision No. CIC/SG/A/2012/000880/18723
                                                                    Appeal No. CIC/SG/A/2012/000880
Relevant Facts emerging from the Appeal:

Appellant                            :      Mr. Harish Kumar
                                            628/3 Shivaji Road, Pul
                                            Delhi -110006

Respondent                           :      Mr. Subhash Dodrai

PIO & SE (SPZ) Municipal Corporation of Delhi SP Zone, Zonal bldg, Near PS Sadar Bazaar, Idgah road, Paharganj, Delhi-110006 RTI application filed on : 12/12/2011 PIO replied : 07/02/2011 First Appeal : 18/01/2011 First Appellate Authority order : 01/03/2012 Second Appeal received on : 15/03/2012 S.n Queries o 1 Please provide the certified copies of file noting with correspondence of sealing file of DCM flatted factory complex.

2 Please provide the certified copies of file noting with correspondence of revocation of Competition certificate DCM flatted factory complex. 3 Please provide the certified copies of file noting with correspondence of de-sealing file of DCM flatted factory complex.

4 Please provide the certified copies of file noting with correspondence of demolition action file of DCM flatted factory complex.

5 Please provide the certified copies of demolition order passed by the building department, S.P.Zone from 01-01- 2011 to till date i.e. 12-12-2011. 6 Please provide the certified copies of demolition order passed by the building department, S.P.Zone from 01-01- 2011 to till date i.e. 12-12-2011. 7 Please provide the certified copies of dc-sealing register of building department, S.P.Zone from 01-01- 2011 to till date i.e. 12-12-2011.

8 Please provide the certified copies of sealing register of building department, S.P.Zone from 01-01-201 to till date i.e. 12-12-2011.

9 Please provide the certified copies of STF complaint receiving register of building department, S.P.Zone from 01-04-2011 to fill date i.e. 12-12-2011.

PIO's Reply Answered by EE (B) SPZ has provided point wise information to the Appellant. Grounds for the First Appeal:

Information has not been provided.

Order of the FAA:

FAA ordered that the PIO already provided the information but appellant could not get the reply so same is handed over during the course of hearing.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. Harish Kumar;

Respondent: Mr. I. U. Khan, AE on behalf of Mr. Subhash Dodrai, PIO & SE (SPZ);

The Appellant had filed online application on 12/12/2011 as admitted by the Respondent. However, the reply was sent by email only on 07/02/2012. The reply states that, "information sought by the Appellant through his point is that the record is in the custody of the Vigilance Department/MCD, cannot be provided to Appellant by Building Department, SPZ." The Appellant states that this is false information which has been provided to him since he ahs received information from Mr. Ved Prakash, AD(Vigilance) and PIO on 09/04/2012 stating that, "the record related to DCM Flattered Factory Complex, Bara Hindu Rao was ceased by Vigilance Department on 05/02/2011 and the same was returned to EE(B) SP Zone on 24/10/2011 vide letter no. ADOV/VIG/PTA/2011/5511.

The Respondent states that the false information was provided by email to the Appellant by Deemed PIO Mr. Manoj Kumar Nijhawan, EE(B).

Decision:

The Appeal is allowed.

The Commission directs the PIO to provide the complete information sought by the appellant before 25 May 2012.

The issue before the Commission is of not supplying the complete, required information by the Deemed PIO Mr. Manoj Kumar Nijhawan, EE(B) 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 complete information within the time specified under sub-section (1) of Section 7 as per the requirement of the RTI Act. 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.

Deemed PIO Mr. Manoj Kumar Nijhawan, EE(B) will present himself before the Commission at the above address on 24 May 2012 at 12.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also submit proof of having given the information to the appellant.

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. If no other responsible persons are brought by the persons asked to showcause hearing, it will be presumed that they are the responsible persons.

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 03 May 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Copy through Mr. I. U. Khan, AE:

To, 1- Mr. Manoj Kumar Nijhawan, EE(B) & Deemed PIO;