Central Information Commission
Mr.Vijender Singh Dabas vs Dtc, Gnct Delhi on 16 November, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002880/10054
Appeal No. CIC/SG/A/2010/002880
Relevant Facts emerging from the Appeal:
Appellant : Mr. Vijender Singh Dabas,
233, Village & Post Office Mubarikpur
Dabas, Delhi-110081
Respondent : Public Information Officer &
Senior Manager (HQ),
Delhi Transport Corporation, GNCTD,
Scindia House, DM, Peeragarhi
Depot, Delhi
RTI application filed on : 15/04/2010
PIO replied on : 11/05/2010 (Copy not enclosed)
First Appeal filed on : 28/05/2010
First Appellate Authority order of : 02/07/2010
Second Appeal received on : 08/10/2010
Information sought:
Out of six queries, the Appellant had objection with respect to the following queries:
2. Reason for declaring route no. 921 instead of route no. 929 as truck route. Provide photocopy of file notings, name of official who gave approval to Depot Manager (Peeragarhi).
3. Whether the income per km on route no. 991 was more than route no. 929. What were the reasons for declaring route no.991 as truck route after two and half months?
Grounds for the First Appeal:
Incomplete information provided on queries 2 and 3 by the PIO.
Order of the First Appellate Authority (FAA):
The FAA noted that a reply was given by the PIO vide letter no. RTI/PIO/Hqrs./20 10/003353/1033 dated 11/05/2010. The Appellant had desired to know if any approval of CMD for declaring route no. 929 and 991 as Trunk Route was obtained in this case or not. The PIO, Scindia House was directed to inform the Appellant if any approval of CMD was obtained in this case or not. If any such approval was obtained, a copy of the same was required to be sent to the Appellant and if not, the Appellant be informed accordingly within 10 days from the issue of the order of the FAA.
Grounds for the Second Appeal:
No information was provided by the PIO despite the order of the FAA. Decision:
The Commission has perused the documents submitted by the Appellant. The FAA has given a clear order dated 02/07/2010 directing the PIO to provide the requisite information to the Appellant within 10 days of the issue of the order of the FAA. The Appellant has not been provided with the said information despite the order of the FAA. The Commission therefore directs the PIO to comply with the order of the FAA and to provide the information requested for by the Appellant.
The Appeal is allowed. The PIO is directed to comply with the order of the FAA and provide the requisite information to the Appellant before December 13, 2010.
Further, from the facts before the Commission it is apparent that the PIO is guilty of not complying with the order of the FAA and furnishing the requisite information within the time specified therein. It appears that the PIO's actions attract the penal provisions and disciplinary action of Sections 20(1) and 20(2) of the RTI Act. The PIO is therefore, directed to submit a written explanation to show cause as to why penalty should not be imposed and disciplinary action be recommended against him under Sections 20(1) and 20 (2) of the RTI Act before December 23, 2010.
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 the RTI Act.
Shailesh Gandhi Information Commissioner November 16, 2010 (In any correspondence on this decision, mention the complete decision number.) (Rnj)