Central Information Commission
Shri Shori Lal vs Municipal Corporation Of Delhi, (Mcd) ... on 25 July, 2008
CENTRAL INFORMATION COMMISSION
Complaint No.CIC/WB/C/2008/00233 & 234 both dated 21.2.2008
Right to Information Act 2005 - Section 18/ 19
Appellant - Shri Shori Lal
Respondent - Municipal Corporation of Delhi, (MCD) Rohini Zone.
Facts:
These are two files arising from two requests for information submitted by Shri Shori Lal to Dy. Commissioner, M.C.D. (Rohini Zone).
FILE NO. CIC/WB/C/2008/00233 By an application of 7.11.07 Shri Shori Lal of Ashok Vihar, Delhi sought the following information from Dy. Commissioner, Rohini Zone, MCD:
"A letter has also been issued to the DDA for taking necessary action at their end for cancellation of lease dead etc. Please issue the photo copy of letter as stated above under RTI Act."
On not receiving a response Shri Shori Lal moved a first appeal before Addl. Commissioner, S&JJ, on 13.12.07. On still not receiving a response appellant has moved his second appeal before us with the following prayer:
"Required copy of letter issued to DDA for cancellation of lease deed as stated in column No. 5 under RTI Act. Ref I. D. No. 528/AA-1/DC Rohini Zone MCD/2007."
Subsequently in a letter of 29.4.08 Shri Shori Lal has submitted that he is an aged citizen of 86 years and, therefore, sought out of turn hearing. He identified the applications in both these cases as assigned ID Nos. 527 and 528.
FILE NO. CIC/WB/C/2008/00234 In this case Shri Shori Lal had applied to Dy. Commissioner, MCD Rohini Zone, also on 7.11.'07 seeking the following information:
1"Competent authority vide its order dated 10.5.07 approved the grant of one week's time for removing all the deviations existing in the said flat. Market in red at 'A'.
Please issue copy of approval letter issued by the competent authority under RTI Act."
In this case also on receiving no response, appellant Shri Shori Lal moved his first appeal on 13.12.07 before Addl. Commissioner, S&JJ MCD and on still not receiving a reply moved a second appeal before us with the following prayer:
"Ref Col. No. 5 (copy of letter is issued to owner) under RTI Act 2005 CID No. 527/AA-1/D.C. Rohini Zone MCD/2007."
The matter was scheduled for hearing on 25.07.'08, but because of disruption on that date could not be held. However, the following appeared:
Appellant Shri Shori Lal Shri SL Arora Respondent Shri Kamleshwer Dayal AE (B) RZ-I Shri Dayal submitted a copy of a letter of 6.2.'08 addressed to appellant Shri Shori Lal, with a copy of the documents sought. This letter concludes with the following remark:
"You were also requested by Shri PR Meena AE(B)/RZ to receive the aforesaid documents on the last date of hearing i.e. 6.2.08 in the office of Addl Commissioner (S&JJ) but you have refused to receive the same, so kindly acknowledge the receipt of these documents."
A copy of these documents was handed over to Shri Shori Lal in the hearing, which he has acknowledged.
DECISION NOTICE From the above it is clear that, contrary to appellant's appeal before us, Addl Commissioner (S&JJ) did indeed invite appellant Shri Shori Lal to a hearing on 6.2.'08 which he attended, of which there is not even a mention in his 2 2nd appeal before us, which is dated 21.2.'08. With the acceptance of documents in the hearing before us, this appeal now stands disposed of. If not satisfied with the information so provided complainant Shri Bhatia will be free to move a 2nd appeal before us as per Sec 19 (3), which had thus far been moved only on the ground of failure of response, which is unfounded However, in both cases a response to the applications of 7.11.'07 was expected u/s 7 sub-section (1) of the RTI Act 2005 to have been given by 7.12.07. Instead it has only been offered in the hearing of the 1st appeal on 6.2.'08, i.e. a delay of 61 days. PIO Deputy Commissioner (Rohini Zone) MCD is therefore directed to show cause as to why a penalty of Rs. 250/- per day from the 7.12.'07, when the information fell due, to 6.2.08 the date when the information was actually offered, not exceed Rs.25,000/- should not be imposed on PIO under Section 20(1) of the RTI Act, in each case. The PIO may submit his/her written submission on or before 11th August, 2008.
Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 25.7.2008 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(Pankaj Shreyaskar) Joint Registrar 25.7.2008 3