Central Information Commission
Mr. Mahesh Kumar vs Municipal Corporation Of Delhi on 11 May, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai, New Delhi 110 067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/000428/3154
Appeal No. CIC/SG/A/2009/000428
Relevant Facts emerging from the Appeal
Appellant : Mr. Mahesh Kumar
O/o the Asstt. Commissioner (PP), MCD,
Pry School Building, 2nd Floor,
More Sarai, Delhi
Respondent : The Asstt. Commissioner (SNZ) &
Public Information Officer Municipal Corporation of Delhi Office of the Assistant Commissioner, Shahdara North Zone, Keshav Chowk, Near Shayam Lal College, Shahdara, Delhi RTI application filed on : 29/07/2008 PIO replied : 25/08/2008 First appeal filed on : 17/09/2008 First Appellate Authority order : Not mentioned Second Appeal filed on : 13/03/2009 The appellant had sought information from PIO, MCD, SNZ regarding a survey conducted at Usmanpur Colony on 24/01/2008.
Sl. Information Sought PIO's Reply
1. List of quarters repaired after survey ? Not related to this department.
2. Date by which the work will be As above.
completed?
3. When will you complete electric Tenders invited the work will be wirings in the colony? completed as soon as budget of the same is sanctioned.
4. Copy of the case order no. 13290/06 Not related to this department.
of May 2008.
5. What is the provision of getting NOC. As above.
6. When will you install street lights Tenders invited the work will be from C41 to C140? completed as soon as budget of the same is sanctioned.
7. How many occupants of Type-II and Not related to this department.
III have got demand notice and what is the time period of demand notice?
8. What is the process of calculating As above.
SLF/Damage Charges?
9. Reasons for not vacating Dhaka As above.
Colony G2 to G30?
10. What actions vigilance department has As above.
taken on ID 26616 received on 6.11.06?
11. Who will be responsible if Primary As above.
School building at More Sarai collapsed?
The First Appellate Authority ordered.
Not mentioned Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Mahesh Kumar Respondent : Mr. Jaiprakash PIO The PIO shows that the First appellate authority passed an order on 18/2/2009 asking the PIO to give the information in a week. The First appellate authority is guilty of dereliction of duty since he did not pass the order within the mandated time. Even after the order of the First appellate authority no information was provided to the appellant.
Decision:
The Appeal is allowed.
The complete information will be sent to the appellant before 25 May, 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. 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. He will present himself before the Commission at the above address on 15 June 2009 at 4.30pm 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.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 11th May, 2009 (In any correspondence on this decision, mentioned the complete decision number.)