Central Information Commission
Mr.Nasir Ali Khan vs Mcd, Gnct Delhi on 23 July, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000556/8276Penalty
Complaint No. CIC/SG/C/2010/000556
Complainant : Mr. Nasir Ali Khan
2473, Bara Dari, Ballimaran,
Delhi - 110006.
Respondent : Mr. Vikas Meena (JE/Building)
Municipal Corporation of Delhi
Government of NCT of Delhi
O/o Superintending Engineer,
City Zone, Car Parking, Asaf Ali Road,
New Delhi.
Facts arising from the Complaint:
Mr. Nasir Ali Khan filed a RTI application with the PIO, O/o Superintending Engineer, MCD, City Zone on 18/01/2010 asking for certain information. However on not having received the information within the mandated time, a Complaint was filed under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to the PIO O/o Superintending Engineer, MCD, City Zone on 30/04/2010 with a direction to provide the information to the Complainant and further sought an explanation for not furnishing the information within the mandated time.
The Commission received a copy of letter dated 02/06/2010 of PIO, O/o Superintending Engineer, MCD, City Zone. It has been stated therein that the RTI Application was received in their office on 19/01/2010 and subsequently was transferred to PIO, Executive Engineer (Building), Building Department, City Zone for necessary action. Further, the PIO has held the deemed PIO, Executive Engineer (Building), Building Department, MCD, City Zone is responsible for the delay in providing the information. The deemed PIO has not given his explanation for the delay. The Commission has received a copy of the letter dated 13/05/2010vide which information has been sent to the Complainant by the PIO, Executive Engineer (Building), Building Department, City Zone. There appears to be a delay of above 65 days in responding to the RTI Application dated 18/01/2010.
Decision dated 25/06/2010:
The Complaint was allowed.
"The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.Page 1 of 3
From the facts before the Commission it is apparent that the deemed PIO, Executive Engineer (Building), Building Department, City Zone 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 and disciplinary action of Section 20 (1) and (2) of the RTI Act.
The deemed PIO is hereby directed to present himself before the Commission on 23/07/2010 at 11.30 AM along with his written submissions to show cause why penalty should not be imposed and disciplinary action be recommended against him under Section 20 (1) and (2) of the RTI Act. Further, the deemed PIO may serve this notice to such person(s) who are responsible for this delay in providing the information, and direct them to be present before the Commission along with the deemed PIO on the aforesaid scheduled date and time. The deemed PIO should also bring along proof of seeking assistance from other person(s), if any."
Relevant facts emerging during showcause hearing on 23/07/2010:
Respondent: Mr. Ansar Alam, APIO & EE (B), Mr. V. K. Gupta, Deemed PIO & AE(B), Mr. Vikas Meena, Deemed PIO & JE(B) The APIO & EE(B) Mr. Ansar Alam stated that the RTI application dated 18/01/2010 was received in his office on 19/01/2010 and the same was forwarded to the deemed PIO & JE(B) Mr. Vikas Meena on 22/01/2010 through the AE(B). However, the information has been provided by the deemed PIO & JE(B) Mr. Vikas Meena to the Complainant on 13/05/2010.
Mr. Vikas Meena stated that since the RTI application was misplaced by him, the reply could not be given in time. However, after having received the RTI application with the Commission's notice dated 30/04/2010, the information has been provided to the Complainant on 13/05/2010.
The Commission asked him if he could give any reasonable cause for the delay in providing information. He is not able to offer any reason for the delay but states that he would be very careful in the future and ensure that all RTI work is done diligently. The RTI application was received on 19/01/2010. Hence the information should have been provided before 19/02/2010. Instead, information was provided on 13/05/2010 i.e. after a delay of 80 days.
Mr. Vikas Meena (JE) admits that he was responsible for the delay and he is not able to give any reasonable cause for the delay. In view of this the Commission imposes a penalty on Mr. Vikas Meena (JE) as per the provisions of section 20 (1) of the RTI Act @ 250/- per day of delay i.e. 80 X 250 = Rs. 20000/-.Page 2 of 3
Decision:
As per the provisions of Section 20 (1) RTI Act 2005, the Commission finds this a fit case for levying penalty on Mr Vikas Meena (JE/B). Since the delay in providing the correct information has been of 80 days, the Commission is passing an order penalizing Mr. Vikas Meena (JE/B) Rs. 20,000/-.
The Commissioner, Municipal Corporation of Delhi is directed to recover the amount of Rs.20,000/- from the salary of Mr. Vikas Meena (JE/B) and remit the same by a demand draft or a Banker's Cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary of the Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi - 110066. The amount may be deducted at the rate of Rs.4000/ per month every month from the salary of Mr. Vikas Meena (JE/B) and remitted by the 10th of every month starting from September 2010. The total amount of Rs.20,000/- will be remitted by 10th of January, 2011.
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, 2005 Shailesh Gandhi . Information Commissioner 23 July 2010 1- Commissioner Municipal Corporation of Delhi Town Hall, Delhi- 110006
2. Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi - 110066 (In any correspondence on this decision, mention the complete decision number.)(YM) Page 3 of 3