Central Information Commission
Mr. Umesh Gupta vs Mcd, Gnct Delhi on 19 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000353/17770
Appeal No. CIC/SG/A/2012/000353
Relevant Facts emerging from the Appeal
Appellant : Mr. Umesh Gupta
R/o: 106, Darya Ganj,
Near Delhi Medical Association Hall,
Delhi - 110002.
Respondent : Mr. Sushil Kumar
Public Information Officer & SE-I Municipal Corporation of Delhi, O/o The Superintending Enginner-I Shahdara (South) Zone, Karkardooma, Delhi - 110032.
RTI application filed on : 24/07/2011 PIO replied : no information First appeal filed on : 14/09/2011 First Appellate Authority order : 22/11/2011 Second Appeal received on : 25/01/2012 Information Sought:
Provide information regarding Mr. Kumar Mahindra currently working as Assistant Engineer (M)-I, Shahdara South Zone.
1. Date of Birth.
2. Date of joining in MCD.
3. Departments where he was posted (including period of serving).
4. Posts held since date of appointment (with each period).
5. Works assigned to him at different periods.
6. Please provide the copy of Educational Qualification i.e., 10th, 12th, passing certificates copy.
7. Please provide the copy of Degree/Diploma.
8. Please provide the appointment letter copy.
9. Mr. Kumar Mahindra was selected in MCD as a job of Junior Engineer or Assistant Engineer.
10. If he belongs to any reserved quota, then please provide the copy.
11. Where Mr. Kumar Mahindra served before joining the MCD, please provide the details with the Experience copy.
12. Please provide the details of Mr. Kumar Mahindra asserts from the date of joining MCD till today on yearly basis.
13. Please provide the copy of last 10 years Income Tax Return Copy with departmental Income calculate/Assessment form copy.
14. Please provide the information about Mr. Kumar Mahindra on which date he get regularized as AE.
15. If he joins MCD as an JE then please provide the promotion copy to Assistant Engineer. Whether he is on regular basis or adhoc basis or look after basis.
Page 1 of 316. How many RDA is pending & issued from last 10 years against him, please provide the details (number, date of issue, actions taken). Please provide the complaint and action / charge sheet copy. (also include the details of RDA accomplished /finalized).
17. Please provide the details of Conveyance allowance (amount).
18. Mr. Kumar Mahindra is entitling for two wheeler/ four wheeler conveyance. Please provide the details.
19. Please provide the details that Mr. Kumar Mahindra is using a Car No. DL-7C L 3812, that information is with Department/ MCD or not.
20. Please provide the details of Mr. Kumar Mahindra salary including all allowances.
21. Please provide the details where his children's are studying (school name, class) with their fees and transportation.
22. Whether Mr. Kumar Mahindra gets allowances for children Education (tuition reimburses). If yes, then how much and by which criteria.
23. Please provide the details of Mrs. Mahindra, whether she is house wife. If not, then where she is serving/ business. Please provide the details with accompany name, designation and salary.
24. Whether the MCD employ get allowances for children Education. If yes, then how much and by which criteria.
25. Whether the criteria for Conveyance allowance of Assistant Engineer. Please provide the details.
Reply of the Public Information Officer (PIO):
1. No information was provided.
Grounds for the First Appeal:
No information was provided to the appellant by the PIO.
Order of the First Appellate Authority (FAA):
"PIO is directed to supply the available information as per points/questions asked within 20 days free of cost".
Grounds for the Second Appeal:
"No information by PIO after directions of FAA".
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Umesh Gupta;
Respondent: Mr. D. K. Gupta, AE on behalf of Mr. Sushil Kumar, PIO & SE-I;
The Appellant had filed his RTI application online on 24/07/2011 id no. 32614 addressed to PIO/SE-I, Shahdara South Zone. He has not received any information so far. The Respondent claims that a reply was sent to the Appellant stating that no information is available. The Respondent admits that there is an AE named Mr. Kumar Mahendra working in maintenance division and that the information sought would be available with AO(Engineering). The PIO has not sought the assistance of any one nor transferred the RTI application and despite the order of the FAA no information has been provided to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to obtain the information and send it to the Appellant before 15 April 2012.
The issue before the Commission is of not supplying the complete, required information by the PIO/SE-I within 30 days as required by the law.
Page 2 of 3From the facts before the Commission it appears that the PIO is guilty of not furnishing complete information within the time specified under sub-section (1) of Section 7 as per the requirement of the RTI Act. He has further refused to obey the orders of his superior officer. The First Appellate Authority has clearly ordered the information to be given.
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.
PIO/SE-I will present himself before the Commission at the above address on 16 April 2012 at 12.30pm 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. If no other responsible persons are brought by the persons asked to showcause hearing, it will be presumed that they are the responsible persons.
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 19 March 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 3 of 3