Central Information Commission
Mr. Rohit K Gupta vs Municipal Corporation Of Delhi on 23 July, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opp. Ber Sarai Market, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/001480/4246
Appeal No. CIC/SG/A/2009/001480
Relevant Facts emerging from the Appeal:
Appellant : Mr. Rohit K Gupta
C-5/27, S.D. Area
New Delhi 110016
Respondent : Mr. Maneesh Rastogi
Superintending Engineer-I/SZ & PIO Municipal Corporation of Delhi.
O/o the Superintending Engineer-I, South Zone, Green Park, New Delhi.
RTI application filed on : 28/04/2008 PIO replied : 22/08/2008 First appeal filed on : 17/06/2008 First Appellate Authority order : Not mentioned. Second Appeal received on : 27/08/2008 S. No. Information sought PIO replied 1. What are the MCD's rules & norms Does not pertain to building deptt.
regarding location of air conditioners South zone. in commercial places like markets etc. with respect to minimum height, noise etc.?
2. Is the installation of AC's by M/s Does not pertain to building deptt.
Kingfisher in the front passage and South zone. back side of the building at very low levels in a commercial place legal & as per rules & regulations?
3. If not, why no action has been taken Does not pertain to building deptt.
by MCD so far? South zone. 4. By when can we expect any action by Does not pertain to building deptt.
MCD to have these shifted in case South zone. their locations are not legal/as per MCD's rules/norms?
Grounds for First Appeal:
Since no information was provided to the appellant within the mandated period of 30 days. The first appeal was preferred Order of the First Appellate Authority:
Not mentioned.
Grounds for Second Appeal:
"FAA called for hearing on 16/07/2008, which was attended by us and again on 23/07/2008 but the FAA was not present on both the occasions. At the 2nd instance, one of their Officers had meeting and promised to take action but there has been no result. Thus, the FAA has also taken no action in this case. We have received multiple replies from the PIO which are firstly very late and secondly that this case does not belong to them. We consider this reply as inadequate and wrong and hence file this appeal to you to take action as per RTI Act in terms of finding the PIO for late and wrong reply as well asking them to arrange correct reply."
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Absent The PIO has been very irresponsible in replying that the matter does not concern his department. The Law requires that he should obtain the information under Section 5(4) from the relevant PIO and supply it to the Appellant. The Commission directs the PIO to obtain the information and send it to the Appellant.
Decision:
The appeal is allowed.
The PIO is directed to send the information to the Appellant before 5 August 2009. 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 give his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1) before 15 August, 2009. He will also submit proof of having given the information to the appellant.
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 cost as per Section 7(6) of RTI Ac.
Shailesh Gandhi Information Commissioner 23rd July 2009 (In any correspondence on this decision, mentioned the complete decision number.) k.j.