Central Information Commission
S K T Sherman vs Delhi Fire Services on 14 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/DLFSR/A/2023/147586
S K T Sherman .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
DELHI FIRE SERVICES, CONNAUGHT LANE,
BARAKHAMBA ROAD, NEW DELHI - 110001. .....प्रनर्वािीगण /Respondent
Date of Hearing : 05.06.2024
Date of Decision : 13.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 29.08.2023
CPIO replied on : 13.09.2023
First appeal filed on : 26.09.2023
First Appellate Authority's order : 20.11.2023
2nd Appeal/Complaint dated : 11.12.2023
Information sought:
The Appellant filed an RTI application dated 29.08.2023 seeking the following information:
"1. As per Section 2 (f) of the RTI Act, 2005, kindly provide me with a certified copy of the last "Fire Safety Certificate" issued to the Sri Ram Page 1 of 12 C.G.H.S Ltd., Plot No.32, Sector-4, Dwarka, New Delhi-110078 by Delhi Fire Services as per Building bye-laws and Delhi Fire Service Act.
2) Kindly provide me all the reasons u/s 4(1)(d) of the RTI Act,2005, certified copies of all records of the reasons, and the complete text with complete reference to the specific rules applicable to your public authority under which leaking pipes/seepage and overhanging heavy duty electrical power cables (CRC Cable Tray) installations are considered safe as per Delhi Fire Services Act for the residents of the multi-story residential complex of Sri Ram CGHS Ltd Plot No. 32 Sector-4, Dwarka, New Delhi- 110078.
3) Kindly provide me all the reasons u/s 4(1)(d) of the RTI Act, certified copies of all records of the reasons, and the complete text with a complete reference to the specific rules applicable to your public authority under which the above-mentioned society was not directed/ordered to remove the overhanging heavy duty electrical power cables (CRC Cable Tray) as per building codes against the approved design of the Building and Delhi Fire Services Act and re-install them in a concealed manner.
4) As per Section 2 (1) of the RTI Act, 2005, kindly provide me with a certified copy of the "No Objection Certificate" issued to the Flat Owner of Flat No. B-53 and B-46 of Sri Ram C.G.H.S Ltd., Plot No.32, Sector-4, Dwarka, New Delhi-110078 by Delhi Fire Services as per Building by-laws and Delhi Fire Service Act for installing separate high voltage electrical charging points for their cars on Building's stilt pillars.
5) Kindly provide me all the reasons u/s 4(1Xd) of the RTI Act, certified copies of all records of the reasons, and the complete text with a complete reference to the specific rules applicable to your public authority under which multiple high voltage electrical charging points for cars on stilt pillars/common area of the multistory building are allowed by the Delhi Fire Services,
6) As per Section 2 (1) of the RTI Act, 2005, kindly provide me with a certified copy of the "No Objection Certificate" issued to the Flat Owner of Flat No. B-58 for installing his Main Door in the opposite direction which when opens blocks the Fire safety stairs of the above-mentioned society.
7) Kindly provide me all the reasons u's 4(1)(d) of the RTI Act, certified copies of all records of the reasons, and the complete text with complete reference to the specific rules applicable to your public authority under which flat owner of Flat No. B-58 was allowed by the Delhi Fire Services to install his main door gate to open in the opposite direction blocking/obstructing the firefighting stairs.Page 2 of 12
8) Kindly provide me all the reasons u's 4(1)(d) of the RTI Act, certified copies of all records of the reasons, and the complete text with a complete reference to the specific rules applicable to your public authority under which installation of Air-Conditioner units in the stairway of Sri Ram CGHS Ltd. Plot NO. 32 Sector-4, Dwarka, New Delhi especially by the flat owner of Flat No. B-40 and B-30 are allowed by the Delhi Fire Services which in the event of a fire tragedy or any other natural calamity could be very fatal.
9) Kindly provide me all the reasons u/s 4(1)(d) of the RTI Act, certified copies of all records of the reasons, and the complete text with a complete reference to the specific rules applicable to your public authority under which fire department find the absence of "Exit Signage"
and Building Plan signage as per Delhi Fire Services Act is not relevant in the above- mentioned society.
10) Kindly provide me all the reasons u/s 4(1)(d) of the RTI Act, certified copies of all records of the reasons, and the complete text with a complete reference to the specific rules applicable to your public authority under which fire department find that illegal extension of their kitchen against the approved design by the DDA by the owners of Flat No. B30, B- 46, B-50 and B-58 can be allowed and Fire Inspector didn't find any irregularities or danger in such illegal acts to the rest of the society's residents.
11) As per Section 2 (f) of the RTI Act, 2005, kindly provide me with a certified copy of statuary notices/ orders issued to Sri Ram C.G.H.S. Ltd., Plot No.32, Sector-4, Dwarka, New Delhi 110078 by your department to make changes/alterations in the already approved fire-fighting pipeline design and other changes related to fire Fighting installations.
12) As per Section 2 (f) of the RTI Act, 2005, kindly provide me with the Name, designation and official address of the officer who was responsible for carryout inspection of Sri Ram C.G.H.S Ltd., Plot No.32, Sector-4, Dwarka, New Delhi-110078 for issuing Fire Safety Certificate and other relevant certificates in the above-mentioned society.
13) As per Section 2 (f) of the RTI Act, 2005, Kindly provide me with a certified copy of a detailed report of the inspection carried out in Sri Ram C.G.H.S Ltd., Plot No.-32, Sector- 4, Dwarka, New Delhi 110078 for issuing Fire Certificate.
14) Please inform me name, designation and official address of the Nodal Officer designated to receive and decide on notices under section 80 of CPC relating to your office."
The PIO furnished a reply to the Appellant on 13.09.2023 stating as under:
Page 3 of 121. "The information of premises, which have been granted Fire Safety Certificate by Delhi Fire Service, are uploaded along with Inspection report on the official website i.e. dfs.delhigovt.nic.in. Which can be seen and downloaded free of cost.
2. No information is available in this regard.
3. No information is available in this regard.
4. Please refer reply at query No. 1.
5. No information is available in this regard.
6. Please refer reply at query No. 1.
7. No information is available in this regard.
8. No information is available in this regard.
9. No information is available in this regard.
10. No information is available in this regard.
11. No information is available in this regard.
12. Please refer reply at query No. 1.13. Please refer reply at query No. 1
14. No information is available in this regard."
Being dissatisfied, the appellant filed a First Appeal dated 26.09.2023. The FAA vide its order dated 20.11.2023, held as under:-
"Sh. SKT Sherman, filed an application under RTI Act, 2005 via online Registration I.d.- DLF&S/R/2022/60247 dated 29.08.2023. The information provided by the PIO (Operat.) vide letter dated 13.09.2023 but the applicant being not satisfied with the information provided by the PIO filed 1st appeal under RTI Act-2005 on 29.09.2023 stating that information not provided.
Applicant was asked to appear before the undersigned for the hearing of the appeal on dated 15.11.2023 at 12:00 P.M. But applicant did not appear on the scheduled date and time. Appeal heard in the presence of the PIO. On perusal of 1st appeal it was found that information provided by the PIO is correct and sufficient."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
The Commission is in receipt of a written submission dated 03.05.2024 from the Appellant, contents of which are reproduced below -
"A. INTENTIONAL NEGLIGENCE/INCOMPETENCE In light of the recent increase in fire outbreaks due to negligence and the non- implementation of Fire Safety Rules, and considering the Hon'ble CENTRAL Page 4 of 12 INFORMATION COMMISSION'S DECISION DATED 26/11/2014 IN THE MATTER CIC/SA/A/2014/000083, the reply provided by the Public Information Officer (PIO) lacks the required seriousness. The reply reflects the PIO's intentional and purposeful incompetence, resulting in the denial of information. The PIO directed the appellant/complainant to download the information from the website dfs.delhigovt.nic.in.
It is astonishing that the First Appellate Authority found this reply satisfactory, which speaks volumes about the complacency within the Delhi Fire Services. This complacency is evident where officers deny information as it is easier for them, without understanding the repercussions of their actions. This also suggests a possibility of corruption within the department or a lack of minimum comprehension skills. In either circumstance, such a PIO is unfit for a serious job that involves saving lives. Mr. Verma's actions make him unsuitable for continued service, rendering him a candidate for potential removal or dismissal as per the provisions of Fundamental Rules (FR) 56(j)/(1) and Rule 48 of the Central Civil Services (CCS) Pension Rules, 1972.
The following points would further prove appellant and complainants above mentioned versions.
a) The PIO and the First Appellate Authority (FAA) failed to address how the appellant and complainant can download a certified copy of the Fire Certificate along with its inspection report.
b) The PIO and the FAA did not consider that if the information is not available on the website they referred to, then How the appellant and complainant will be unable to obtain the requested information, specifically the certified copy of the Certificate.
B. VIOLATION OF RTI ACT PIO replied casual manner copy pasted same reply to every information sought u/s 4(1)(d) of the RTI Act, mentioning "No information is available in this regard"
a) The information sought under Section 4(1)(d) pertains to the obligation of public authorities to provide rationales for their significant administrative or quasi-judicial decisions to the individuals affected by such decisions. Responding with a categorical statement of "No information is available in this regard" implies complicity on the part of the PIO and the inspection officer in perpetuating corrupt practices. This response is indicative of their acquiescence to unlawful activities transpiring without providing the required justifications, and it is executed with a full awareness of the lack of immediate disciplinary consequences.
b) "No information is available in this regard." without thinking twice to forward the RTI application u/s 6(3) of the RTI Act to the other department who would have been responsible to have such information.Page 5 of 12
C. FAILED TO ACT AS PER THE STATUTORY OBLIGATIONS OF THE PIO UNDER SECTION 5(4) AND 5(5) OF THE RTI ACT:
It is of paramount importance to underscore that, as stipulated within the parameters delineated in Subsections 4 and 5 of Section 5 of the Right to Information Act, the Public Information Officer (PIO), to whom the application is tendered, is imbued with a statutory duty. This duty mandates the PIO to acquire information from any accessible source within the public authority and subsequently provide it to the applicant.
As per the Hon'ble CIC's decision in the matter CIC/SA/A/2014/000083 dated 26/11/2014, it was recognized that fire safety-related information cannot be denied. Unfortunately, both the PIO and the FAA are refusing to adhere to the RTI Act. In their arrogance, they consider their reply to the requested information to be correct, which is a very dangerous way of operating for positions responsible for the lives and valuables of the citizens.
The relevant excerpts of the Hon'ble CIC's decision in the matter CIC/SA/A/2014/000083 dated 26/11/2014 are shared here for the kind consideration of the Hon'ble Information Commissioner. This commission has ordered recently: "Information regarding fire safety norms is life related information. DFS has committed a grave breach of RTI by exhibiting an adamant attitude and denying information about inspection records of fire safety norms in Delhi. Their attitude fortifies apprehensions of corruption in selectively applying the fire norms and issuance of no objection certificate and using or not using the powers of disconnecting water and power to the buildings which did not comply with the norms" http://rti.india.gov.in/cic decisions/CIC DS A 2013 001268-SA M 1388 64.pdf) the Commission also directs the Respondent Authority to inform the appellant and the Commission why they have not performed their duties as prescribed under The Delhi Fire Services Act, 2007.
2. MOTIVES BEHIND THE BIAS AND PROTECTION OF ILLEGAL ACTIVITIES BY THE PIO:
The denial of information by the PIO is intentional, ignoring even the basic Fire Services Rules and Model Building Bye Laws, thereby supporting the lapses and illegalities in the concerned society with respect to fire safety.
As per Section 37 regarding the RENEWAL OF FIRE SAFETY CERTIFICATE, read with Section 33 of the Delhi Fire Services Rules on MINIMUM STANDARDS FOR FIRE PREVENTION and FIRE SAFETY Page 6 of 12 FOR BUILDINGS, the following points need to be taken into consideration and were ignored if the Fire Safety Certificate is issued to the concerned society:
i) ACCESS TO BUILDING An illegal shop and temple have been constructed by the concerned society, which will hinder the movement of fire trucks on one side. This obstruction not only compromises the ability of emergency services to access the area promptly but also poses a significant risk to the safety of the residents.
On the other side, the installation of a generator creates additional obstacles for fire trucks and other emergency vehicles. The presence of such obstructions violates the fire safety norms and compromises the effectiveness of emergency response measures. This situation highlights a severe disregard for fire safety regulations and the well-being of the society's residents.
These illegal constructions and installations demonstrate a lack of compliance with the necessary fire safety standards and further emphasize the need for strict enforcement of Fire Services Rules and Model Building Bye Laws to ensure the safety and accessibility of the area for emergency services.
Here it is pertinent to mention the relevant excerpts of the Hon'ble CIC's decision date 26/11/ 2014 in the matter CIC/SA/A/2014/000083 "Section 27 of Delhi Fire Services Act 2007 gives power to Director or any officer to remove encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting. Where a director considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to firefighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachments or objects or goods forthwith and report the matter to the Sub-Divisional Magistrate accordingly. This section (3) gives power to SDM to seize, detain or remove the encroachments. He can even sell them in public auction."
ii) PUBLIC ADDRESS SYSTEM Additionally, there is no public address system installed in the entire society. The absence of a public address system is a significant oversight, as it is crucial for efficiently communicating emergency instructions and coordinating evacuations during a fire or other emergencies. This lack of proper communication Page 7 of 12 infrastructure further exacerbates the risks to residents and highlights the non-compliance with essential fire safety norms and regulations.
iii) EXIT SIGNAGE.
Furthermore, there is no exit signage installed in the society. The absence of clear and visible exit signs is a critical safety lapse, as these signs are essential for guiding residents to safety during an emergency. This deficiency, coupled with other fire safety violations, significantly increases the risk to residents and underscores the society's non- compliance with mandatory fire safety standards and regulations.
iv). NO ADHERENCE TO THE MODEL BUILDING BYE LAWS IN THE
SOCIETY
a. FIRE ESCAPES OR EXTERNAL STAIRS:
The route to fire escape shall be free of obstructions at all times except the doorway leading to the fire escape which shall have the required fire resistance.
Despite the door of Flat No B-58 opening in a manner that blocks the fire escape stairways due to its intentional reverse installation, both the inspection officer and the society fail to acknowledge the illegality or the potential danger of such actions.
b. FIRE ESCAPE SHALL BE CONSTRUCTED OF NON- COMBUSTIBLE MATERIALS.
The installation of air conditioner outdoor units on the stairways constitutes a direct violation of safety regulations, as evidenced by recent fire outbreaks in some societies in Dwarka. However, neither the inspection officer nor the society has taken this matter seriously. Furthermore, the PIO is making efforts to conceal this fact through his reply to the RTI application.
с. ILLEGAL ENCORACHMENT AND STRCURAL MODIFICATION IN THE ORIGINAL APPROVAL DESIGN After the original/first fire certificate was granted to the society, in recent years, a few members of the society, driven by greed, made structural changes in the building's design. These changes included encroaching on supporting pillars by extending their kitchens, which are crucial for stopping fires or aiding firefighters in reaching their destination during emergencies. However, the inspection officer ignored these violations, and when the related information was sought through Page 8 of 12 RTI, the PIO denied it, stating "No information is available in this regard." Instead of addressing the issue, the PIO failed to forward the RTI application to the relevant department in the ministry or any other concerned government department responsible for dealing with illegal encroachments. Such negligence can prove dangerous in the event of a fire in the building.
d. ILLEGAL INSTALLATION OF OVERHANGING HIGH VOLTAGE WIRES and INSTALLATION OF HIGH VOLATEGE CAR CHARGING POINTS Similarly, the case of overhanging high voltage wires on a hanging tray openly spread throughout the building's stilt parking area is a violation of building codes for concealed wiring. This situation is an open invitation to fire or dangerous accidents involving fire.
Moreover, with the addition of high voltage electric car chargers on the stilt pillars without any fire clearance, the risk of fire-related incidents is further heightened.
PRAYER
1. The appellant respectfully requests the Hon'ble CIC to consider and address the matter of the denial of information by the Public Information Officer (PIO) with the utmost gravity. If there is no Inspection happened in the concerned society PIO be asked to file his reply with affidavit and direct the fire services to conduct an immediate inspection with special consideration to the issues raised by the appellant and Complainant in PARA 2 above.
2. Initiate disciplinary actions against PIO as per CCS Conduct Rules. And recommend the PIO for potential removal or dismissal as per the provisions of Fundamental Rules (FR) 56(j)/(1) and Rule 48 of the Central Civil Services (CCS) Pension Rules, 1972.
3. Impose Penalties on PIO in accordance with the provisions of the Right to Information (RTI) Act. (Please refer to the judgment dated 28- 04-2009 of the Hon'ble High Court of Delhi in W.P. (C) 3845/2007 Mujibur Rehman v/s CIC for guidance on the matter.)
4. To order exemplary compensation under Section 19(8) (b) of the RTI Act appellant should be compensated Rs.200,000/- (Two Lacs) for the mental trauma, agony humiliation and suffering he has faced due to mala-fidely denial of information by the PIO and FAA within the prescribed time limit and breach of appellant's right.
5. Disciplinary action as per section 20 (2) of RTI Act be ordered to be initiated for not complying with the law against PIO & FAA This is as per the CIC decision in Complaint No. CIC/AT/A/2007/01502 dt. 24th October 2008, Page 9 of 12
6. Hon'ble Commission may order making an adverse entry in the service book/annual appraisal report of the concerned PIO & FAA for defying act of the parliament.
7. In case of non-availability of information, PIO be ordered to file a notarized affidavit to this effect with Hon'ble Commission, with self- attested photocopy to the appellant.
8. As per Sec 7(6) of the RTI Act, the PIO should now provide the appellant with the information "FREE OF CHARGE" since the provision of information has been delayed beyond the mandated 30 days as provided in Sec 7(1) of the RTI Act."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Represented by Shri Yogesh Sherman present in person. Respondent: Not present.
Appellant's representative expressed his dissatisfaction to the fact that Respondent instead of providing certified copy of requested information asked the Appellant to access the information from the weblink. He prayed the Commission to direct the CPIO to provide point-wise reply along with certified copy of documents.
Decision:
The Commission, after adverting to the facts and circumstances of the case, and perusal of the records observes that that the Appellant is aggrieved by the fact that certified copy of information has not been provided to him. However, in response to RTI Application, the Respondent replied that information of premises with granted Fire Safety Certificate by Delhi Fire Service, along with Inspection report are uploaded on their official website i.e. dfs.delhigovt.nic.in. which can be seen and downloaded free of cost. The website was accessed by the Commission during the hearing, and it was found to be in working condition and accessible.
The Commission finds no infirmity in the reply furnished by the Respondent as it was found to be in consonance with the provisions of the RTI Act. Moreover, the Commission is not inclined to accept the contention of Appellant's Page 10 of 12 representative made during the hearing regarding furnishing of certified copies of information even when it is in public domain. In this regard, the observations of the Hon'ble CIC in Shri Ram Singh vs. Central Public Information Officer (Decision No. CIC/YA/A/2014/000379/SB) dated 19th September 2016, are relevant:
"The RTI Act mandates every public authority to provide as much information to the public including through internet so that the public have minimum resort to the use of the RTI Act to obtain information. Further, once information has been provided in public domain and on website then the information is no longer held by or under the control of any public authority and hence, is no longer accessible as 'right to information'. Thus, the action of the CPIO is consonance with the RTI Act. The Commission, further observes that under the RTI Act only information available on records has to be provided, which has already been furnished to the appellant by the respondent."
Further, the Hon'ble CIC in K. Lall vs. M.K. Bagri (File No. CIC/AT/A/2007/00112) vide Order dated 12th April 2007 has observed the following:
"...unless an information is exclusively held and controlled by a public authority, that information cannot be said to be an information accessible under the RTI Act. Inferentially it would mean that once a certain information is placed in the public domain accessible to the citizens either freely, or on payment of a pre-determined price, that information cannot be said to be 'held' or 'under the control of' the public authority and, thus would cease to be an information accessible under the RTI Act. This interpretation is further strengthened by the provisions of the RTI Act in Sections 4(2), 4(3) and 4(4)..."
In view of the above, no relief can be granted in the matter.
Notwithstanding the above, the Commission adversely viewed the conduct of the Respondent for remaining absent during the hearing despite prior intimation. They are sternly cautioned to be cautious in future to avoid attracting penal action.Page 11 of 12
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
THE FAA DELHI FIRE SERVICES.
CONNAUGHT LANE, NEW DELHI-110001.Page 12 of 12
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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