Central Information Commission
Akshay Kumar Malhotra vs Delhi Development Authority on 15 May, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No:
CIC/DDATY/A/2024/632275
CIC/DDATY/A/2024/630658
CIC/DDATY/A/2024/629045
CIC/DDATY/A/2024/625828
Akshay Kumar Malhotra ....अपीलकता/Appellant
VERSUS
बनाम
The CPIO .... ितवादीगण /Respondent
1. O/o the Dy Director (Horticulture-10), 2. RTI Cell,
Delhi Development Authority, Assistant Director (RTI/Nodal) CPIO,
Near GTK Depot, Jahangir Puri, C-Block, 3rd Floor, Vikas Sadan,
Delhi-110033 INA, New Delhi-110023
Date of Hearing : 12.05.2026
Date of Decision : 14.05.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
The above mentioned second appeals are clubbed together as the Appellant & respondents are
common and are of similar nature. Hence are being disposed of through a common order.
Relevant facts emerging from Second Appeals:
Case No Date of RTI CPIO Reply First Appeal FAA Order Second Appeal
Dated Dated
632275 07.02.2024 27.02.2024; 29.03.2024 29.04.2024 30.07.2024
24.04.2024
630658 08.02.2024 27.02.2024: 29.03.2024 29.04.2024 19.07.2024
24.04.2024
629045 11.02.2024 06.03.2024; 30.03.2024 29.04.2024 10.07.2024
24.04.2024
625828 10.02.2024 06.03.2024; 30.03.2024 29.04.2024 19.06.2024
24.04.2024
Page 1 of 22
1. Second Appeal - CIC/DDATY/A/2024/632275
Information sought:
The Appellant filed an RTI application on 07.02.2024 seeking the following information :
"The information in the present RTI Application is related to penalty clause of the contract document and its implementation, which Public Authority has entered with the private contractor for providing Security Services in various DDA parks, including the Thakur Das wala DDA Distt Park at Shalimar Bagh, Delhi-110088 The information in the present RTI application is related to the Security Guards contract for contract awarded to various contractors during the period 01.01.2021 till 301.01.2024.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Please inform me on the following points :
1) Please inform me the various penalty notices, which are issued to the respective security agencies during their respective period(s) of contracts, including extension to contracts, if any, for deficiency / absence of services etc etc , as per the agreed terms and conditions of the agreement. Please inform me the individual details of each and every such penalty notices issued viz.
(a) Letter/ Notice reference number and date,
(b) At its own by DDA
(c) on some complaint of citizen giving name of citizen, you can keep the name blank.
(d) on my complaint,
(e) penalty related to which violation of terms and conditions of agreement and
(f) Amount of penalty.
2) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, but later on the Amount of penalty was either scrapped / reversed / waived off etc
3) Please inform me the Name and designation of public servant who authorized such call back / scrapping / waiving off of the penalty, as per point number 1 and 2 above.Page 2 of 22
4) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, and the Amount of such penalties are actually recovered from the concerned contractor(s) by separately giving details of recovery notices issued and amount of penalty recovered.
5) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, and the Amount of such penalties are also actually recovered from the concerned contractor(s), as per point number 4 above, but later on which were either scrapped / reversed / waived off etc etc and then refunded back / refundable to concerned contractor.
6) Please inform me the Name and designation of public servant who authorized such call back / scrapping / waiving off / refunding back of the penalty, as per point number 5 above.
7) Please inform the names and designations of all such public servants, who are responsible for such inaction on their part, in case no action is taken.
8) Please inform me the penalties levied ( punitive as well as disciplinary ) and actions taken by Public Authority against such public servants , responsible for such inaction on their part, as is mentioned in the point 7 above.
9) If, there is any leniency in penalizing or no penalties levied ( punitive as well as disciplinary ) or no action taken by Public Authority against such erring public servants, who are responsible for such inaction on their part, then I am to be provided with the complete information leading to any such leniency in penalizing or no penalties levied ( punitive as well as disciplinary ) or no action taken by Public Authority against such erring officer(s) and the names and designations of those public servants responsible for waiving off/ not taking action against such erring public servants as per point 7 above.
10) Please inform me the names of the contractors as well as duration of their contract and the amount of contract awarded for this park, for providing security guards in Thakur park during the period 01.01.2021 to 31.01.2024."
The CPIO, Dy Director (Hort) Div-X, DDA furnished a reply to the appellant on 27.02.2024 stating as under:
"Ref. Online RTI Registration No. DDATY/R/E/24/00329 Page 3 of 22 In reference to above, this office has received the above RTI online on 07.02.2024. The para-wise reply of the RTI is as below :-
Para No. -1: No such penalty notices are issued to the contractor instead instructions and penalty due to deficiency are mentioned in site order book which is duly noted by the contractor. The same is then recovered during billing. The penalty imposed is attached with this reply. Para No. -2: As per reply of Para 1, this para may be treated as NIL. Para No. -3: As per reply of Para 1, this par may be treated as NIL. Para No. -4: As per reply of Para 1, this para may be treated as NIL. Para No .- 5: There were no penalties which were waived off. Para No. -6: As per reply of Para 5, this para may be treated as NIL. Para No. -7: As per reply of Para 3, this para may be treated as NIL. Para No. -8: As per reply of Para 5, this para may be treated as NIL. Para No, -9: As per reply of Para 5, this para may be treated as NIL, Para No. -10: The award letters are attached with the reply. This is for your information please."
The CPIO Dy. Director (Div-X), DDA furnished a reply to the appellant on 24.04.2024 stating as under:
"Ref: 1. Letter No. F.1 (Appeal)/RTI/2024/FAA/DHNW/DDA/486 dated 08- 04-24
2. Online RTI Appeal Reg. No. DDATY/A/E/24/00245 deted 29.03.24.
3. Online RTI Application Reg. No. DDATY/R/E/24/00329 dated 07.02.24 This in reference to ahove mentioned letter and RTI received. The para-wise reply of the RTI is as below:
1) No such penalty notices are issued to contractor instead instructions and penalty due to deficiency are mentioned in site order book which is duly noted by contractor. The penalty is recovered during billing. The copy of penalty imposed is attached with this reply.
2) As per reply of Para No. 1, this para maybe treated as NIL.
3) As per reply of Para No. 1, this para maybe treated as NIL.
4) As per reply of Para No. 1, this para maybe treated as NIL.
5) There were no such penalties which were waived off.
6) As per reply of Para No. 5, this para may be treated as NIL.
7) As per reply of Para No. 5, this para may be treated as NIL.
8) As per reply of Para No. 5, this para may be treated as NIL.Page 4 of 22
9) As per reply of Para No. 5, this para may be treated as NIL.
10) The award letters are attached with the reply."
Being dissatisfied, the Appellant filed a First Appeal on 29.03.2024. The FAA, Director (Hort) North West, DDA vide its order on 29.04.2024 stating as under:
"Ref:
1. DDATY/A/E/24/00245 dated 29.03.24
2. DDATY/A/E/24/00246 dated 29.03.24
3. DDATY/A/E/24/00247 dated 29.03.24
4. DDATY/A/E/24/00250 dated 30.03.24
5. DDATY/A/E/24/00251 dated 30.03.24
6. DDATY/A/E/24/00253 dated 31.03.24
7. DDATY/A/E/24/00254 dated 31.03.24
8. DDATY/A/E/24/00259 dated 02.04.24 In connection with your above-mentioned appeal received in this office on above noted subject. Please find enclosed herewith the copy of the decision of First Appellate Authority dated 29.04.2024. Now the said appeal stands disposed of in respect of Horticulture, North West, DDA."
Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Before the scheduled hearing CPIO furnished a reply dated 05.05.2026 stating as under:-
Ref: Online RTI no. - DDATY/R/E/24/00329 dt. 07.02.2024.
File no. CIC/DDATY/A/2024/632275 dt.15.04.2026 Sub: Security works Thakur Dass Park at Shalimar Bagh for the Period 01.01.2021 to 31.01.24 Page 5 of 22 In the reference of Para No. 1 it is submitted that the all penalty was imposed on agency is entered in side order book and same was noted by the agency and same was recovered by the department.
In the reference of Para No. 2 it is submitted that the all penalty was entered in side order book due to this penalties notice are not issued. In the reference of Para No.3 it is submitted that the all penalty was entered in side order book and no penalties was call back/scrapping/waiving off by the Department.
In the reference of Para No.4, it is submitted that the first-time penalties on above agency are given below.
In the reference of Para No.5 it is submitted that no penalty was waived off by the Department.
In the reference of Para No.6 it is submitted that the imposed penalty was not waived off by the Department.
In the reference of Para No.7 it is submitted department take the appropriate action against the agency.
In the reference of Para No.8 same as Para No. 7. In the reference of Para No.9 it is submitted no penalty was waived off by the Depertment due to this no disciplinary action is required. In the reference of Para No.10 it is submitted all information are available in Para No. 1.
2. Second Appeal: CIC/DDATY/A/2024/630658 Information sought:
Page 6 of 22The Appellant filed an RTI application on 08.02.2024 seeking the following information :
" The information in the present RTI Application is related to penalty clause of the contract document and its implementation, which Public Authority has entered with the private contractor for providing Toilet maintenance services in various DDA parks including the Motey wala DDA Distt Park at Shalimar Bagh, Delhi-110088 The information in the present RTI Application is related to the Toilet maintenance Guards contract for contract awarded to various contractors during the period 01.01.2021 till 30.01.2024 only for Motey wala DDA Distt Park at Shalimar Bagh, Delhi-110088.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Please inform me on the following points :
1) Please inform me the various penalty notices, which are issued to the respective Toilet maintenance contractors during their respective period(s) of contracts, including extension to contracts, if any, for deficiency / absence of services etc etc , as per the agreed terms and conditions of the agreement. Please inform me the individual details of each and every such penalty notices issued viz.
(a) Letter/ Notice reference number and date
(b) At its own by DDA
(c) on some complaint of citizen giving name of citizen, you can keep the name blank.
(d) on my complaint,
(e) penalty related to which violation of terms and conditions of agreement and
(f) Amount of penalty.
2) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, but later on the Amount of penalty was either scrapped / reversed / waived off etc
3) Please inform me the Name and designation of public servant who authorized such call back / scrapping / waiving off of the penalty, as per point number 1 and 2 above.
4) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, and the Amount of such penalties are actually recovered from the concerned contractor(s) Page 7 of 22 by separately giving details of recovery notices issued and amount of penalty recovered
5) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, and the Amount of such penalties are also actually recovered from the concerned contractor(s), as per point number 4 above, but later on which were either scrapped / reversed / waived off etc etc and then refunded back / refundable to concerned contractor.
6) Please inform me the Name and designation of public servant who authorized such call back / scrapping / waiving off / refunding back of the penalty, as per point number 5 above.
7) Please inform the names of all such erring public servants, who are responsible for such inaction on their part, in case no action is taken
8) Please inform me the penalties levied ( punitive as well as disciplinary ) and actions taken by Public Authority against such public servants, responsible for such inaction on their part, as is mentioned in the point 7 above
9) If, there is any leniency in penalizing or no penalties levied ( punitive as well as disciplinary ) or no action taken by Public Authority against such erring public servants, who are responsible for such inaction on their part, then I am to be provided with the complete information leading to any such leniency in penalizing or no penalties levied ( punitive as well as disciplinary ) or no action taken by Public Authority against such public servants and the names and designations of those public servants responsible for waiving off/ not taking action aganst such erring public servants as per point 7 above.
10) Please inform me the names of the contractors as well as duration of their contract, including extensions and the amount of contract awarded for this park, for providing Toilet maintenance contract in Motey wala park during the period 01.01.2021 to 31.01.2024"
The CPIO, Dy Director, (Hort) Div-X furnished a reply to the appellant on 27.02.2024 stating as under:
"Ref: Online RTI Registration No. DDATY/R/E/24/00347 In reference to above, this office has received the above RTI online on 08.02.2024.The para-wise reply of the RTI is as below:Page 8 of 22
Para No. 1: No such penalty notices are issued to the contractor instead instructions and penalty due to deficiency are mentioned in site order book which is duly noted by the contractor. The same is then recovered during billing. The penalty imposed is attached with this reply. Para No. 2: As per reply of Para 1, this para maybe treated as NIL. Para No. 3: As per reply of Para 1, this para maybe treated as NIL. Para No. 4: As per reply of Para 1, this para maybe treated as NIL. Para No.5: There were no penalties which were waived off. Para No. 6: As per reply of rara 5, this para maybe treated as NIL. Para No. 7: As per reply of Para 5, this para maybe treated as NIL. Para No. 8: As per reply of Para 5, this para maybe treated as NIL. Para no. 9: As per reply of Para 5, this para maybe treated as NIL. Para No. 10: The award letters are attached with the reply. This is for your information please"
The CPIO, Dy. Director (Div-X), DDA furnished a reply to the appellant on 24.04.2024 stating as under:
"Ref: 1. Letter No. F.1 (Appeal)/RTI/2024/FAA/DHNW/DDA/486 dated 08-04- 24
2. Online RTI Appeal Reg. No. DDATY/A/E/24/00245 deted 29.03.24.
3. Online RTI Application Reg. No. DDATY/R/E/24/003479 dated 08.02.24 This in reference to ahove mentioned letter and RTI received. The para-wise reply of the RTI is as below:
1) No such penalty notices are issued to contractor instead instructions and penalty due to deficiency are mentioned in site order book which is duly noted by contractor. The penalty is recovered during billing. The copy of penalty imposed is attached with this reply.
2) As per reply of Para No. 1, this para maybe treated as NIL.
3) As per reply of Para No. 1, this para maybe treated as NIL.
4) As per reply of Para No. 1, this para maybe treated as NIL.
5) There were no such penalties which were waived off.
6) As per reply of Para No. 5, this para may be treated as NIL.
7) As per reply of Para No. 5, this para may be treated as NIL.
8) As per reply of Para No. 5, this para may be treated as NIL.
9) As per reply of Para No. 5, this para may be treated as NIL.
10) The award letters are attached with the reply.Page 9 of 22
Being dissatisfied, the Appellant filed a First Appeal on 29.03.2024. The FAA, Director (Hort) North West, DDA vide its order on 29.04.2024 stating as under:
"Ref:
1. DDATY/A/E/24/00245 dated 29.03.24
2. DDATY/A/E/24/00246 dated 29.03.24
3. DDATY/A/E/24/00247 dated 29.03.24
4. DDATY/A/E/24/00250 dated 30.03.24
5. DDATY/A/E/24/00251 dated 30.03.24
6. DDATY/A/E/24/00253 dated 31.03.24
7. DDATY/A/E/24/00254 dated 31.03.24
8. DDATY/A/E/24/00259 dated 02.04.24 In connection with your above-mentioned appeal received in this office on above noted subject. Please find enclosed herewith the copy of the decision of First Appellate Authority dated 29.04.2024. Now the said appeal stands disposed of in respect of Horticulture, North West, DDA."
Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Before the scheduled hearing CPIO furnished a reply dated 05.05.2026 stating as under:-
Ref: Online RTI no. - DDATY/R/E/24/00347 dt. 08.02.2024. File no. CIC/DDATY/A/2024/630658 dt.15.04.2026 Sub: Toilet Block at Mote Wala Bagh at Shalimar Bagh for the Period 01.01.2021 to 31.01.24 Page 10 of 22 In the reference of Para No. 1, it is submitted that the all penalty was imposed on agency is entered in side order book and same was noted by the agency and same was recovered by the department.
In the reference of Para No. 2 it is submitted that the all penalty was entered in side order book due to this penalties notice are not issued. In the reference of Para No.3 it is submitted that the all penalty was entered in side order book and no penalties was call back/scrapping/waiving off by the Department.
In the reference of Para No.4, it is submitted please checked the recovery amount each agreement in para-No.1 Table and regarding the penalty notice please see the para-No. 2 & 3.
In the reference of Para No.5 it is submitted that no penalty was waived off by the Department In the reference of Para No.6 it is submitted that the imposed penalty was not waived off by the Department.
In the reference of Para No.7 it is submitted department take the appropriate action against the agency.
In the reference of Para No.8 same as Para No. 7. In the reference of Para No.9 it is submitted no penalty was waived off by the Department due to this no disciplinary action is required. In the reference of Para No.10 it is submitted all information are available in Para No.1."
3. Second Appeal: CIC/DDATY/A/2024/629045 Information sought:
Page 11 of 22The Appellant filed an RTI application on 11.02.2024 seeking the following information :
"The information in the present RTI application is related to penalty clause of the contract document and its implementation, which Public Authority has entered with the private contractor for providing Horticulture Maintenance service in various DDA Parks, including the Thakur Das Wala DDA Distt Park at Shalimar Bagh.
The information in the present RTI Application is related to the Horticulture Maintenance services contract for contract awarded to various contractors during the period 01.01.2024 till 31.01.2024 only for Thakur Das wala DDA Distt Park at Shalimar Bagh, Delhi-110088. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Please inform me on the following points :
1) Please inform me the various penalty notices, which are issued to the respective Horticulture maintenance contractors during their respective period(s) of contracts, including extension to contracts, if any, for deficiency / absence of services etc etc , as per the agreed terms and conditions of the agreement. Please inform me the individual details of each and every such penalty notices issued viz
(a) Letter/ Notice reference number and date
(b) At its own by DDA
(c) on some complaint of citizen giving name of citizen, you can keep the name blank.
(d) on my complaint
(e) penalty related to which violation of terms and conditions of agreement and (f) Amount of penalty
2) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, but later on the Amount of penalty was either scrapped / reversed / waived off etc
3) Please inform me the Name and designation of public servant who authorized such call back / scrapping / waiving off of the penalty, as per point number 1 and 2 above
4) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, and the Amount of such penalties are actually recovered from the concerned contractor(s) Page 12 of 22 by separately giving details of recovery notices issued and amount of penalty recovered
5) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, and the Amount of such penalties are also actually recovered from the concerned contractor(s), as per point number 4 above, but later on which were either scrapped / reversed / waived off etc etc and then refunded back / refundable to concerned contractor
6) Please inform me the Name and designation of public servant who authorized such call back / scrapping / waiving off / refunding back of the penalty, as per point number 5 above.
7) Please inform the names of all such erring public servants, who are responsible for such inaction on their part, in case no action is taken.
8) Please inform me the penalties levied (punitive as well as disciplinary) and actions taken by Public Authority against such public servants, responsible for such inaction on their part, as is mentioned in the point 7 above.
9) If, there is any leniency in penalizing or no penalties levied ( punitive as well as disciplinary ) or no action taken by Public Authority against such erring public servants, who are responsible for such inaction on their part, then I am to be provided with the complete information leading to any such leniency in penalizing or no penalties levied ( punitive as well as disciplinary ) or no action taken by Public Authority against such public servants and the names and designations of those public servants responsible for waiving off/ not taking action against such erring public servants as per point 7 above.
10) Please inform me the names of the contractors as well as duration of their contract, including extensions and the amount of contract awarded for this park, for providing Horticulture maintenance contract in Thakur Das wala park during the period 01.01.2021 to 31.01.2024"
The CPIO furnished a reply to the appellant on 06.03.2024 stating as under:
"Ref: Online RTI Registration No. DDATY/R/E/24/00393 In reference to above, this office has received the above RTI online on 11.02.2024. The para-wise reply of the RTI is as below :-
Para No. -1: No such penalty notices are issued to the contractor instead instructions and penalty due to deficiency are mentioned in site Page 13 of 22 order book which is duly noted by the contractor. The same is then recovered during billing. The penalty imposed is attached with this reply.
Para No. -2: As per reply of Para 1, this para may be treated as NIL. Para No. -3: As per reply of Para 1, this para may be treated as NIL. Para No. -4: As per reply of Para 1, this para may be treated as NIL. Para No. -5: There were no penalties which were waived off. Para No. -6: As per reply of Para 5, this para may be treated as NIL. Para No. -7: As per reply of Para 5, this para may be treated as NIL. Para No. -8: As per reply of Para 5, this para may be treated as NIL. Para No. -9: As per reply of Para 5, this para may be treated as NIL. Para No. -10: The award letters are attached with the reply.
This is for your information please."
The CPIO, Dy Director (Hort), Div-X furnished a reply to the appellant on 24.04.2024 stating as under:
"Ref: 1. Letter No. F.1 (Appeal)/RTI/2024/FAA/DHNW/DDA/486 dated 08- 04-24
2. Online RTI Appeal Reg. No. DDATY/A/E/24/00251 dated 03.03.24.
3. Online RTI Application Reg. No. DDATY/R/E/24/00393 dated 11.02.24 This in reference to above mentioned letter and RTI received. The para-wise reply of the RTI is as below:
1) No such penalty notices are issued to contractor instead instructions and penalty due to deficiency are mentioned in site order book which is duly noted by contractor. The penalty is recovered during billing. .The copy of penalty imposed is attached with this reply.
2) As per reply of Para No. 1, this para maybe treated as NIL.
3) As per reply of Para No. 1, this para maybe treated as NIL.
4) As per reply of Para No. 1, this para maybe treated as NIL.
5) There were no such penalties which were waived off.
6) As per reply of Para No. 5, this para may be treated as NIL.
7) As per reply of Para No. 5, this para may be treated as NIL.
8) As per reply of Para No. 5, this para may be treated as NIL.
9) As per reply of Para No. 5, this para may be treated as NIL.
10) The award letters are attached with the reply."Page 14 of 22
Being dissatisfied, the Appellant filed a First Appeal on 30.03.2024. The FAA, vide its order on 29.04.2024 stating as under:
"Ref: 1. DDATY/A/E/24/00245 dated 29.03.24
2. DDATY/A/E/24/00246 dated 29.03.24
3. DDATY/A/E/24/00247 dated 29.03.24
4. DDATY/A/E/24/00250 dated 30.03.24
5. DDATY/A/E/24/00251 dated 30.03.24
6. DDATY/A/E/24/00253 dated 31.03.24
7. DDATY/A/E/24/00254 dated 31.03.24
8. DDATY/A/E/24/00259 dated 02.04.24 In connection with your above-mentioned appeal received in this office on above noted subject. Please find enclosed herewith the copy of the decision of First Appellate Authority dated 29.04.2024. Now the said appeal stands disposed of in respect of Horticulture, North West, DDA.
Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Before the scheduled hearing CPIO furnished a reply dated 05.05.2026 stating as under:
Ref: Online RTI no. - DDATY/R/E/24/00393 Dt. 11.02.2024.
File no. CIC/DDATY/A/2024/629045 dt.15.04.2026 Sub: Maintenance of Thakur Dass Park Shalimar Bagh for the Period 01.01.2021 to 31.01.24 In the reference of Para No. 1, it is submitted that the all penalty was imposed on agency is entered in side order book and same was noted by the agency and same was recovered by the department.Page 15 of 22
In the reference of Para No. 2 it is submitted that the all penalty was entered in side order book due to this penalties notice are not issued. In the reference of Para No.3 it is submitted that the all penalty was entered in side order book and no penalties was call back/scrapping/waiving off by the Department.
In the reference of Para No.4, it is submitted please checked the recovery amount each agreement in para-No.1 Table and regarding the penalty notice please see the para-No. 2 & 3.
Department. In the reference of Para No.5 it is submitted that no penalty was waived off by the In the reference of Para No.6 it is submitted that the imposed penalty was not waived off by the Department.
Agency. In the reference of Para No.7 it is submitted department take the appropriate action against the In the reference of Para No.8 same as Para No. 7. In the reference of Para No.9 it is submitted no penalty was waived off by the Department due to this no disciplinary action is required. In the reference of Para No.10 it is submitted all information are available in Para No. 1.
4. Second Appeal: CIC/DDATY/A/2024/625828 Information sought:
The Appellant filed an RTI application on 10.02.2024 seeking the following information :
"The information in the present RTI Application is related to penalty clause of the contract document and its implementation, which Public Authority has Page 16 of 22 entered with the private contractor for providing Horticulture Maintenance services in various DDA parks, including the Motey wala DDA Distt park at Shalimar Bagh, Delhi-110088.
The information in the present RTI Application is related to the Horticulture Maintenance services contract for contract awarded to various contractors during the period 01.01.2021 to 31.01.2024 only for Motey wala DDA Distt park at Shalimar Bagh, Delhi-110088.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Please inform me on the following points :
1) Please inform me the various penalty notices, which are issued to the respective Horticulture maintenance contractors during their respective period(s) of contracts, including extension to contracts, if any, for deficiency / absence of services etc etc, as per the agreed terms and conditions of the agreement. Please inform me the individual details of each and every such penalty notices issued viz.
(a) Letter/ Notice reference number and date,
(b) At its own by DDA
(c) on some complaint of citizen giving name of citizen, you can keep the name blank.
(d) on my complaint,
(e) penalty related to which violation of terms and conditions of agreement and
(f) Amount of penalty.
2) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, but later on the Amount of penalty was either scrapped / reversed / waived off etc
3) Please inform me the Name and designation of public servant who authorized such call back / scrapping / waiving off of the penalty, as per point number 1 and 2 above.
4) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, and the Amount of such penalties are actually recovered from the concerned contractor(s) by separately giving details of recovery notices issued and amount of penalty recovered.Page 17 of 22
5) Please inform me the various penalty notices, which were firstly issued to the contractor(s), as per point number 1 above, and the Amount of such penalties are also actually recovered from the concerned contractor(s), as per point number 4 above, but later on which were either scrapped / reversed / waived off etc etc and then refunded back / refundable to concerned contractor.
6) Please inform me the Name and designation of public servant who authorized such call back / scrapping / waiving off / refunding back of the penalty, as per point number 5 above.
7) Please inform the names of all such erring public servants, who are responsible for such inaction on their part, in case no action is taken.
8) Please inform me the penalties levied ( punitive as well as disciplinary ) and actions taken by Public Authority against such public servants, responsible for such inaction on their part, as is mentioned in the point 7 above.
9) If, there is any leniency in penalizing or no penalties levied ( punitive as well as disciplinary ) or no action taken by Public Authority against such erring public servants, who are responsible for such inaction on their part, then I am to be provided with the complete information leading to any such leniency in penalizing or no penalties levied ( punitive as well as disciplinary ) or no action taken by Public Authority against such public servants and the names and designations of those public servants responsible for waiving off/ not taking action against such erring public servants as per point 7 above.
10) Please inform me the names of the contractors as well as duration of their contract, including extensions and the amount of contract awarded for this park, for providing Horticulture maintenance contract in Motey wala park during the period 01.01.2021 to 31.01.2024."
The CPIO, Dy Director( Hort)-10 furnished a reply to the appellant on 06.03.2024 stating as under:
"Ref: Online RTI Registration No. DDATY/R/E/24/00381 In reference to above, this office has received the above RTI online on 10.02.2024. The para-wise reply of the RTI is as below :-
Para No. -1: No such penalty notices are issued to the contractor instead instructions and penalty due to deficiency are mentioned in site order book which is duly noted by the contractor. The same is then recovered during billing. The penalty imposed is attached with this reply.Page 18 of 22
Para No. -2: As per reply of Para 1, this para may be treated as NIL. Para No. -3: As per reply of Para 1, this para may be treated as NIL. Para No. -4: As per reply of Para 1, this para may be treated as NIL. Para No. -5: There were no penalties which were waived off. Para No. -6: As per reply of Para 5, this para may be treated as NIL. Para No. -7: As per reply of Para 5, this para may be treated as NIL. Para No. -8: As per reply of Para 5, this para may be treated as NIL. Para No. -9: As per reply of Para 5, this para may be treated as NIL. Para No. -10: The award letters are attached with the reply. This is for your information please."
The CPIO, Dy Director( Hort)-10 furnished a reply to the appellant on 24.04.2024 stating as under:
"Ref:
1. Letter No. F.1 (Appeal)/RTI/2024/FAA/DHNW/DDA/486 dated 08-04-24
2. Online RTI Appeal Reg. No. DDATY/A/E/24/00250 dated 30.03.24.
3. Online RTI Application Reg. No. DDATY/R/E/24/00381 dated 10.02.24 This in reference to above mentioned letter and RTI received. The para-wise reply of the RTI is as below:
1. No such penalty notices are issued to contrartor instead instructions and penalty due to deficiency are mentioned in site order book which is duly noted by contractor. The penalty is recovered during billing. The copy of penalty imposed is attached with this reply.
2. As per reply of Para No. 1, this para maybe treated as NIL.
3. As per reply of Para No. 1, this para maybe treated as NIL.
4. As per reply of Para Nu. 1, this para maybe treated as NIL.
5. There were no such penalties which were waived off.
6. As per reply ot Para No. 5, this para may be treated as NIL.
7. As per reply of Para No. 5, this para may be treated as NIL.
8. As per reply of Para No. 5, this para may be treated as NIL.
9. As per reply of Para No. 5, this para may be treated as NIL.
10. The award letters are attached with the reply."
Being dissatisfied, the Appellant filed a First Appeal on 30.03.2024. The FAA, vide its order on 29.04.2024 stating as under:
"Ref: 1. DDATY/A/E/24/00245 dated 29.03.24
2. DDATY/A/E/24/00246 dated 29.03.24 Page 19 of 22
3. DDATY/A/E/24/00247 dated 29.03.24
4. DDATY/A/E/24/00250 dated 30.03.24
5. DDATY/A/E/24/00251 dated 30.03.24
6. DDATY/A/E/24/00253 dated 31.03.24
7. DDATY/A/E/24/00254 dated 31.03.24
8. DDATY/A/E/24/00259 dated 02.04.24 In connection with your above-mentioned appeal received in this office on above noted subject. Please find enclosed herewith the copy of the decision of First Appellate Authority dated 29.04.2024. Now the said appeal stands disposed of in respect of Horticulture, North West, DDA."
Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
The following were present:-
Appellant: Mr. Akshay Kumar Malhotra Respondent: Mr. MD Meena, Dy. Dir (then CPIO) for Mr. VD Meena Present CPIO and Mr. Sunil Gupta, Nodal Officer, RTI
5. Proof of having served the copy of second appeals to the respondent while filing the same in CIC is not available on record.
6. The Appellant inter alia submitted that specific point wise information has not been provided by the respondent CPIO. It was also submitted that reply dated 05.05.2026 stated to have been issued by the respondent has not been received. It was submitted that they have given information on gross penalty amount recovered from the contractor, while he had sought specific details of nature of violations, as per term & conditions of the contract agreement.
7. The respondent while defending their case inter alia submitted that revised reply dated 05.05.2026 has been sent via email on 11.05.2026 and through speed post. It was also submitted that before imposing penalty, sometimes letters are issued to the contractors. However, oral intimation is also given by recording the violations in side order register.
Decision:
Page 20 of 228. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the Appellant had filed these four RTI applications seeking similar information regarding penalties imposed on various contractors engaged for security, toilet maintenance and horticulture maintenance works in Thakur Dass Park and Mote Wala Park in Shalimar Bagh, including details of penalty notices, recovery of penalties, waiver of penalties, and particulars of concerned officials and contractors etc. The Commission further notes that replies were furnished by the respondent on various dates including additional reply dated 05.05.2026. The Commission notes that in all replies a general procedure adopted for imposition and recovery of penalties has been provided. However, the specific information sought by the Appellant has not been answered. Further the respondent CPIO has upload a revised reply dt 05.05.2026 in the Commission Portal, however, he could not provide any documentary proof of have been served upon the appellant. As such Commission observed that the conduct of respondent the CPIO is not appropriate.
In view of the foregoing, the Commission directs the respondent CPIO to re- examine all four RTI applications and provide to the Appellant a revised point-wise reply of the available information, as sought in the RTI application, strictly in accordance with the RTI Act, 2005, within 7 days from the date of receipt of this order, under intimation to the Commission. The matter will be heard again after one month.
Further, the respondent CPIO is directed to upload on the portal of the Commission a copy of proof of service of reply dated 05.05.2026 as stated to be sent to the appellant via email and speed post on 11.05.2026.
With the above observations and directions, the appeals stands adjourned for final hearing.
Sd/-
SANJEEV KUMAR JINDAL (संजीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date:14.05.2026 Page 21 of 22 Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Addresses of the Parties:
1. The CPIO O/o the Dy Director (Horticulture-10), Delhi Development Authority, Near GTK Depot, Jahangir Puri, Delhi-110033
2. The CPIO RTI Cell, Assistant Director (RTI/Nodal) CPIO, C-Block, 3rd Floor, Vikas Sadan, INA, New Delhi-110023
3. Akshay Kumar Malhtora Page 22 of 22 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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