Central Information Commission
Ms.Amrita Chaudhary vs Government Of Nct Of Delhi on 22 October, 2013
Central Information Commission
Room No.306, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Tele:01126180512 & 01126717355 Fax : 01126106145 websitecic.gov.in
Adjunct to Appeal: No. CIC/AD/A/2012/002887/DS
Appellant /Complainant : Ms Amrita Chaudhary, Delhi
Public Authority : Dy. Commissioner(North), New
Delhi
(Sh. Ashish Kumar,SDM(HQ), Sh. Madan
Lal Tehsil)
Date of Hearing : 22 October 2013
Date of Decision : 22 October 2013
Facts:
1. Further to Commission's order of even number dated 1 August 2013, matter pertaining to show cause notice was heard today. Respondent as above were present in person. It was submitted by Shri Ashish Kumar former SDM Civil Lines zone that the RTI application was received on 13 April 2012 and that during April - May 2012 he was designated as returning officer for elections to the North Delhi Municipal Corporation in respect of Ward nos 5 - 8. Also that after the election process was over he was busy with three election petitions filed by the losing candidates and that he could properly attend to his official duties as SDM during the third week of May 2012 in real earnest.
2. Also, the order of the first appellate authority was passed on 11 July 2012 directing him to provide the requisite information in three weeks. That this order was received by him on 17 July and that he was transferred out of civil lines subdivision in the first week of August. Further, the Adjunct to Appeal: No. CIC/AD/A/2012/002887/DS grievance of the appellant was resolved subsequently to her full satisfaction.
Decision notice
3. After hearing the averments of the former CPIO, Commission notes that he has not been able to explain the reasons for not having provided the requested information to the appellant during the period 15 May 2012 onwards when by his own admission he had become free of election related work by that time and was attending to his normal work. Even subsequently after receiving the order of the first appellate authority, the former CPIO had clear three weeks before he handed over charge to join his new place of posting. Even during this period he made no attempt to provide the requested information to the appellant. Therefore, as per the provisions of section 20 (1) of the Act Commission imposes maximum penalty of Rs. 25,000/- on the former CPIO Shri Ashish Kumar currently posted as SDM (HQ), office of the Divisional Commissioner (Revenue) GNCTD which amount will be deposited in five equal installments @ Rs.5000/ pm. The Appellate Authority, Office of the Divisional Commissioner (Revenue) GNCTD is directed to recover the amount of Rs. 25,000/ from the salary of the CPIO Shri Ashish Kumar 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, Director and Joint Registrar of the Central Information Commission, 2nd. Floor, August Kranti Bhawan, New Delhi110066. The amount may be deducted at the rate of Rs. 5000/ per month every month from the salary of the CPIO and remitted by the 10th of every month starting from November, 2013. The total amount of Rs. 25,000/ will be remitted by 10th of April 2014.
Adjunct to Appeal: No. CIC/AD/A/2012/002887/DS (Smt. Deepak Sandhu) Chief Information Commissioner Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Ms Amrita Chaudhary House No. 5377/7, New Chandrawal, Jawahar Nagar Delhi110007
2. The CPIO Sub Divisional Magistrate (Civil Lines) O/o the Deputy Commissioner 1, Kripa Narain Marg Delhi110054
3. The Appellate Authority Dy. Commissioner (N) O/o the Deputy Commissioner 1, Kripa Narain Marg Delhi110054
4. Shri Ashish Kumar (Former CPIO) Currently posted as SDM (HQ) O/o the Deputy Commissioner 1, Kripa Narain Marg, Delhi110054
5. Shri Pankaj K.P. Shreyaskar, Director and Joint Registrar of the Central Information Commission, 2nd. Floor, August Kranti Bhawan, Adjunct to Appeal: No. CIC/AD/A/2012/002887/DS New Delhi110066.
6. The First Appellate Authority Office of Divisional Commissioner (Revenue) GNCTD, 5, Shamnath Marg, Delhi110054 Adjunct to Appeal: No. CIC/AD/A/2012/002887/DS