Central Information Commission
Mr.B.S. Gujaral vs Mcd, Gnct Delhi on 18 August, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001692/9018
Appeal No. CIC/SG/A/2010/001692
Relevant Facts emerging from the Appeal:
Appellant : Mr. B. S. Gujaral
Gen. Secy., Welfare Association,
WZ-686, Shiv Nagar Ext.
New Delhi-58.
Respondent : Mr. K. S. Meena
Public Information Officer & SE-II O/o the SE-II - West Zone Municipal Corporation of Delhi Vishal Enclave, Zonal Office Building, Rajouri Garden, Delhi.
RTI application filed on : 29/12/2009
PIO replied : 19/02/2010
First appeal filed on : 08/02/2010
First Appellate Authority order : 29/03/2010
Second Appeal received on : 21/06/2010
S. No Information Sought Reply of the Public Information
Officer (PIO)
1. With respect to the representation The Building Deptt.(WZ) had taken a
bearing Ref. No. joint action on 26/11/2008 for the
WASNE/GS/2009/143 dated removal of the encroachment. In case any
23/04/2009 addressed to the further unauthorized construction has
Commissioner, MCD - been carried out, the Building Deptt.
Copy of the ATR against "A" and would chalk out a programme for taking
"B" as marked on the same. demolition action against the same.
Grounds for the First Appeal:
Unsatisfactory information was provided by the PIO.
Order of the First Appellate Authority (FAA):
The PIO was directed to conduct an Encroachment Removal Action within 30 days and submit the ATR to the Appellant.
Grounds for the Second Appeal:
Non-compliance of the FAA's order.Page 1 of 2
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. B. S. Gujral;
Respondent: Mr. K. S. Meena, Public Information Officer & SE-II;
The RTI application had been submitted on 29/12/2009 but the information has been given on 19/02/2010. The FAA has given an order to ensure that the encroachment removal action should be taken up in 30 days and action taken report be sent to the appellant. The PIO has sent action taken report on 15/06/2010 in which it has been stated that demolition action was fixed on 14/04/2010, 20/04/2010 and 27/04/2010. However the PIO admits that the demolition action has not been completed. This shows the inability and lack of will in MCD to remove encroachment. The PIO is giving another promise to the appellant stating that the encroachment would be removed before end September 2010. This is indeed a pathetic admission of the fact that the Government is unable to enforce court orders since the encroachment removal is being done consequent to the court order. If the governance is so decaded it shows inability of being able to enforce the rule of law the Capital of this country would have degenerated into a jungle Raj.
Decision:
The Appeal is disposed.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the 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.
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.
He will present himself before the Commission at the above address on 29 September 2010 at 10.30am 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.
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 18 August 2010 (In any correspondence on this decision, mention the complete decision number.)(ND) Page 2 of 2