Central Information Commission
Smt.Neelam Wadhwa vs Mcd, Gnct Delhi on 21 April, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
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Decision No. CIC/SG/A/2011/000412/12083
Appeal No. CIC/SG/A/2011/000412
Relevant Facts emerging from the Appeal:
Appellant : Smt. Neelam Wadhwa
House No. 15/A, Hathi Khana,
Azad Market, Delhi-110006.
Respondent (1) : Mr. T. P. Sharma
Public Information Officer & AC Municipal Corporation of Delhi Land & Estate Department O/o The Asst Commissioner S P Marg 7th Floor, Civic Centre, New Delhi (2) PIO & AC Municipal Corporation of Delhi Land & Estate Department O/o The Asst Commissioner Behind Sadar Police Station, Idgah Road, Sadar Paharganj Zone, Paharganj, New Delhi RTI application filed on : 20/11/2010 PIO replied : Not mentioned.
First appeal filed on : 13/12/2010 First Appellate Authority order : Not mentioned. Second Appeal received on : 16/12/2010 Information Sought:
The Appellant had sought information regarding action taken on the complaint dated 08/06/2010 submitted to Lt. Governor and Municipal Commissioner regarding illegal construction at Shed no. 21, Azad Market, Delhi-11006. Provide name of the officer responsible for taking action on the complaint. He has also sought number of times MCD inquired illegal construction at Azad Market provide copies of the inquiry reports and so on......
Reply of the PIO:
No reply. First Appeal:
No reply submitted by the PIO.
Order of the FAA:
Sb. Prem Wadhwa, Husband and authorized representative of Smt. Neelam Wadhwa appeared for the hearing. PlO/L&E, Sb. Dilip Singh is on leave and the concerned APIO/L&E Sh. G.R. Morya, Supdt. is also on leave. The perusal of the, record shows that the RTI application of Smt. Neelam Wadhwa has been received in this office on 26.10.2010.yide Diary No. 3162/RTI/L&E under ID No. 1716/L&E. Smt. Neelam Wadhwa is asking about the status and action taken by the officer on the complaint filed in the office of LG and Commissioner, MCD through Speed Post dated 8.6.2010 at point 1 of the RTI Application. Further, she has sought information with respect to the stoppage of unauthorized construction at Shed No. 2L Azad Market, Dlhi-110006 and issues related to unauthorized construction at Azad Market in her RTI Application.
Regarding Point No. 1 the PIO/L&E has not replied to this question and has simply transferred her RTI application to Asst.Cm.(PIO)/S.P. Zone' vide letter dated 1.11.2010 and the same has been received by the applicant.
Point No. 2-6 -- The matter relates to unauthorized construction, encroachment and the matter related to Azad Market, RTI application already stands transferred to AC(PIO)/SPZ vide Diary No. D/ADC/L&E/2010/4385 dated 1.11.2010.
The PIO/L&E is directed to provide information w.r.t. Point No. 1 within 15 days from the issuance of this letter.
Sh. Prem Wadhwa, the authorized representative has informed that he has not received any reply from PIO/SPZ. Hence, DC/SPZ, 1" Appellate Authority is requested to direct the concerned PIO to provide the information w.r.t. Point NO. 2-6 within the time specified above. The appeal is accordingly disposed off."
Ground of the Second Appeal:
No information was provided by the PIO. He had also defied order of the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Absent;
Respondent : Mr. T. P. Sharma, Public Information Officer & AC;
The Respondent states that consequent to the directions of the FAA the APIO(L&E) informed the Appellant that they do not have any information regarding query-1. The Respondent states that encroachment removal and unauthorized construction is done by the zone i.e. in this case it is SP Zone. From a perusal of the papers it appears that PIO (SP Zone) has not provided any information to the appellant.
Decision:
The Appeal is allowed.
The PIO/AC (SP Zone) is directed to provide the complete information on the queries as per available records to the Appellant before 10 May 2011.
The issue before the Commission is of not supplying the complete, required information by the PIO/AC (SP Zone) within 30 days as required by the law.
From the facts before the Commission it appears that the PIO/AC(SP 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. He has further refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial of information may also be malafide. 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/AC(SP Zone) will present himself before the Commission at the above address on 23 May 2011 at 02.30pm 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.
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 21 April 2011 (In any correspondence on this decision, mention the complete decision number.) (SM)