Central Information Commission
Mrgursharan Singh vs Mcd, Gnct Delhi on 9 October, 2014
CENTRAL INFORMATION COMMISSION
ROOM NO. 329, SECOND FLOOR, C-WING
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
Tel. No. 91-11-26717356
F.No.CIC/YA/A/2014/002224-YA
Date of Hearing : 09.10.2014
Date of Decision : 09.10.2014
Appellant : Shri Gursharan Singh,
New Delhi
Respondent : South Delhi Municipal Corporation
New Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant fact emerging from appeal:
RTI Application filed on : 26.05.2014
PIO replied on : 02.07.2014
First Appeal filed on : 10.07.2014
First Appellate Authority (FAA) order on : 24.07.2014
Second Appeal received on : 27.08.2014
Information sought:
Appellant sought information on 6 points relating to sealing of shop by the MCD authorities at 66/12 Ashok Nagar, New Delhi-110018 in the month of April 2014. Relevant facts emerging during hearing:
Appellant is present along with Shri Swarandeep Singh. Respondents are absent. The appellant sought the above information by filing an RTI application dated 26.05.2014. PIO provided a point wise response vide letter dated 02.07.2014. An appeal dated 10.07.2014 was filed, which was disposed of by the FAA on 24.07.2014 upholding the stand of the PIO.
Appellant submitted that six queries were raised by him and a response has been provided to query no. 2 and 3. The rest of the queries remained unanswered. He further submitted that in response to point no.1 of his RTI application, the PIO replied that the file was under submission to the Appellate Tribunal: MCD. On inspection of the file with the AT, MCD, it was found that only two pages were submitted by the MCD and not the entire file. Therefore, the reply of the PIO SDMC is wrong with mala fide intention to deny the information sought. Written submissions received from the appellant have been received and taken on record.
In the absence of the respondents, their views could not be ascertained.
Decision:
The Commission notes with concern that despite the notice for hearing issued, the PIO EE(B)I, West Zone, SDMC, New Delhi, failed to turn up for the hearing today. The respondent is cautioned to invariably attend the Commission's hearings as and when asked for.
The Commission directs PIO EE(B)I, West Zone, SDMC, New Delhi, to provide copy of the entire case file to the appellant, free of cost, and if the file is not with them, to file an affidavit to this effect before the Commission within four weeks of receipt of this order.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner 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.
(B.D. Harit) Deputy Secretary & Deputy Registrar