Central Information Commission
Mr. Jagdish Chand vs Mcd, Gnct Delhi on 4 February, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003446/11293
Appeal No. CIC/SG/A/2010/003446
Relevant Facts emerging from the Appeal
Appellant : Mr. Jagdish Chand,
A 339,Jahangir Puri,
Delhi 110033.
Respondent : Mr. Ved Prakash Gupta
Public Information Officer & Assistant Commissioner Office of Assistant Commissioner Municipal Corporation of Delhi 16, Rajpur Road Delhi - 110054 RTI application filed on : 15/10/2010 PIO reply 1 : 28/10/2010 PIO reply 2 23/11/2010 First appeal filed on : 15/11/2010 First Appellate Authority order : 26/11/2010 Second Appeal received on : 30/11/2010 Notice of Hearing sent on : 04/01/2011 Hearing held on : 04/02/2011 Information Sought:
1- Details and no of as well division of sainitary inspector, assistant sanitary inspector and other safai karamcharis in the block of Jahangirpuri.
2- Names, contact no. and details of no of garbage house and sainitary inspectors heading them. 3- Details of the reason for not taking any action against throwing of the garbage outside the garbage house.
4- List of name and address the missing safai karamcharis of Jahangirpuri. 6- Details of the reason why appropriate actions are not taken for cleanliness in Jahangirpuri 7- No of days when the sewars are cleaned.
8- Reason of the garbage been thrown by the safai karamcharis outside the public toilets. 9- Reason for Jahangirpuri not having a single trolley for garbage disposal. 10- Reason and the time when each trolley will be kept besides the heaps of garbage collected. 11- Details of the actions taken on the officers of the private corporation on the lapse on their behalf. 12- Details of the duration of the safai karamcharis and their attendance per day. 13- Copy of the orders to the safai karamcharis for wearing the uniform along with the names or details of the actions taken on the employees who refuse to wear the uniform. 14- Details of the actions taken and to whom it should be addressed when an employer is found drinking on duty.
15- Details of the actions taken on the employee who demand money or threat challan to throw garbage from the gate of the building/offices/houses.
16- Copy of the Challan booklet of the MCD.
17- Details of the actions taken for not giving away any complaint no or the actions taken after the complaint has been filed on the phone to the control room. 18- Details of the officers and their office whose duty is to maintain the cleanliness of the public toilets.Page 1 of 3
19- Details for the reason for not any FIR been filed till date for the public toilets becoming centre of illegal actions.
20- Copy of the documents of the deal when the public toilets have been handed over to the private hands.
1st Reply of PIO (CONSOLIDATED REPLY):
17. Complaint no is immediately given to the filer of the complain over phone and actions are taken accordingly.
Rest information does not come under the department's jurisdiction.
2ndReply of PIO ;
1 Name of safai inspector Sanjeev Kumar Yadav no. 8800696550 Name of assistant safai inspector Telu Ram Gupta Office in the lane besides JE Office Mangal Bazaar road in A and H Block 88 permanent workers and 15 temporary workers. 2 there are in A Block 4 and H block 1 garbage house. 3 the related company is responsible for maintainence of heaps of garbage. 4 there are no missing employees under the department. 6 the related company do manage the heaps of garbage and maintain cleanliness of streets.
7 the sewar lanes are cleaned everyday and the garbage is thrown the very next day after cleaning the sewar lanes.
8 the running public toilets are maintained with hygiene. 9 &10 questions relate to private company. 11 the company gives tenders from time to time. The tenders given to the contractors is a high level subject.
12 The duty of safai karamchari is from 7 in the morning till 3 pm and the attendance taken is 7 12 and 3pm from the biometric machine.
13 no name plate has been given to the employees and it is mandatory for those given to wear the uniform. 14 FIR can be filed against the employee drinking on duty. 15 the complaint can be registered and the actions will be taken on any cleanliness related problem. 16 the booklet can be received Town Hall Head Office 17 The inspections are done as soon as the complains are filed in the Control room. 18&19 The MCD constructed toilets are maintained by MCD and Engineering department.
First Appeal:
Information was provided only about block A & H Order of the FAA:
The PIO is directed to furnish complete information within 15 working days the appeal is disposed off.
Ground for the Second appeal:
Through imposing heavy penalty and strict actions against the PIO provide complete information free of cost.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Jagdish Chand;
Respondent : Mr. Kripal Singh, Zonal Superintendent on behalf of Mr. Ved Prakash Gupta, PIO & AC; Mr. Akbar Ali, Sanitation Superintendent, (Civil Line); The Respondent admits that information had not been sent about the other blocks to the Appellant inspite of the order of the FAA on 12/10/2010 to provide the information within 15 working days. Mr. Akbar Ali admits that he was responsible for providing the information and accepts responsibility for not Page 2 of 3 having provided the information. The Respondent has brought the information with him and has been given to the Appellant during the hearing.
Decision:
The Appeal is allowed.
The information has been provided to the Appellant before the Commission.
The issue before the Commission is of not supplying the complete, required information by the deemed PIO Mr. Akbar Ali within 30 days as required by the law. From the facts before the Commission it appears that the deemed 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.
Mr. Akbar Ali, Sanitation Superintendent will present himself before the Commission at the above address on 17 March 2011 at 11.00am alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also send the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent 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 04 February 2011 (In any correspondence on this decision, mention the complete decision number.) (AM) Page 3 of 3