Central Information Commission
Abdul Bari Khan vs Mcd on 27 May, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MCDND/A/2024/102328,
CIC/MCDND/A/2024/102302
Abdul Bari Khan .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Municipal Corporation of Delhi,
Community Services Department,
11th Floor, Dr. SPM Civic Centre,
J.L. Nehru Marg, New Delhi - 110002 .... ितवादीगण /Respondent
Date of Hearing : 26.05.2025
Date of Decision : 26.05.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The issues raised by the Appellant in the above-mentioned cases are
identical. Therefore, it is felt desirable to pass a common order in both cases.
CIC/MCDND/A/2024/102328,
CIC/MCDND/A/2024/102302
Relevant facts emerging from appeal:
RTI application filed on : 28.09.2023
CPIO replied on : 05.10.2023
First appeal filed on : 31.10.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 23.01.2024
Page 1 of 5
Information sought:
1. The Appellant filed (online) RTI applications dated 28.09.2023 one with the PIO, SDMC and second with the PIO, NDMC seeking the following information:
"The applicant Abdul Bari Khan S/O Late Sh. Tawariq Ali. Address at Ch. No. 212, Patiala House Court New Delhi-110001 wish to seek following information under RTI Act, 2005 regarding the safety, security norms and guidelines for Indoor Children's amusement centers/Indoor Play Areas/Indoor Play Houses in North Delhi, under the purview of the MCD. Please provide the following details of all authorize Indoor Children's amusement centers/Indoor Play Areas/Indoor Play Houses in North Delhi.
1. Provide the copies of any documents, policies or guidelines for Indoor Children's amusement centers/Indoor Play Areas/Indoor Play Houses in North Delhi related to- Safety inspections, fire safety measures (fire alarm, fireman and portable fire extinguishers, exit gate/doors), emergency procedure, food safety and overall safety standards for such centers.
2. Provide the details which type of materials is used in (amusement centers/Indoor Play Areas/Indoor Play Houses) for equipment, matting and soft material? Also clarify whether these materials are flammable/inflammable or fire resisting material?
3. Whether any documentations related to inspections, certifications and compliance checks conducted by the MCD on these amusement centers/Indoor Play Areas/Indoor Play Houses concerning safety and security standards?
4. Whether any previous cases of violation and non-compliance of safety rules has been noticed/reported regarding these amusement centers/Indoor Play Areas/Indoor Play Houses? And details of any penalties or actions taken against them for non- compliance with safety and security norms?"
2. The PIO furnished a reply to the Appellant on 05.10.2023 stating as under:
"The information sought by the applicant regarding Policies or guidelines for Indoor Children's amusement centers / Indoor Play Area / Indoor Play Houses etc. In this context it is informed that the same does not cover under Community Services Department."Page 2 of 5
3. Being dissatisfied, the appellant filed a First Appeals dated 31.10.2023. The FAA order is Not on record.
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeals on the following grounds-
"...A. Because the Appellant is aggrieved with the decision /order vide 28.11.2023 of the First Appellate Authority, citing a lack of reasonable opportunity provided by the First Appellate authority. It is pertinent to mention that the appellant did not receive the hearing notice in a timely manner, rendering them unaware of the scheduled hearing. the First Appellate authority did not give reasonable opportunity to the appellant.
B. Because the reply given by the Public Information Officer (PIO) is unsatisfactory and is out of the purview of the Right to Information Act,2005.
C. Because the information sought by the appellant only for the purpose of welfare and benefactor of the children to ensuring security and safety in all authorize Indoor Children's amusement centers /Indoor Play Areas/Indoor Play Houses in North Delhi.
D. Because Right to safety is a fundamental right of the children and to be protected from harm and ensuring the physical safety of children while they play in all authorize Indoor Children's amusement centers /Indoor Play Areas/Indoor Play Houses in North Delhi.
E. Because Right to Health is a fundamental right of the children and provide them safe and clean environments contribute to children's overall health. Regular maintenance, cleanliness and proper sanitation in all authorize Indoor Children's amusement centers/Indoor Play Areas/Indoor Play Houses in North Delhi.
F. Because parental peace of mind is necessary for ensuring/knowing that their children are in adequate security and safe environment. This, in turn, enables parents to uphold their responsibility of ensuring their children's well-being.
G. Because the above grounds rooted in children's right that emphasize the importance of implementing security norms and guidelines in such spaces..."Page 3 of 5
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Ms. Yashoda Varshney, Assistant Director-cum-PIO, CSD, MCD, Delhi present in person.
5. The Commission informed the respondent that the main ground raised by the Appellant in these appeals was disposal of his First Appeals without giving proper opportunity of being heard. In this regard, the respondent submitted that reply has already been provided to the appellant initially intimating factual position. On queried by the Bench she answered that the present FAA is Shri Naveen Kumar, ADC, Community Service Department and he sits at 25th floor of MCD, Dr. SPM Civic Centre, New Delhi.
Decision:
6. The Commission after adverting to the facts and circumstances of the case, and perusal of the records arrives at a conclusion that as per the contentions raised by the appellant in the instant Appeals, the FAA passed the impugned orders without giving him proper opportunity of being hearing. Hence, the impugned order being in contravention to the principles of natural justice is untenable under the law and is thus, set aside. Respondent present during hearing informs that the subject matter may also concern officers other than herself. Hence, the presence of all such officers would be necessary to dispose of the RTI applications/Appeals.
7. In the given circumstances, the Commission finds it just and reasonable, in accordance with principles of natural justice, that a fair and proper hearing be conducted by the First Appellate Authority, by giving due opportunity to the Appellant in particular and all other concerned parties including the PIO present today, either in person or through authorized representative, physically or through virtual hearing, to argue their case before the FAA. Hence, the present case is remanded back to the First Appellant Authority for fresh adjudication of the First Appeal on merits as per the provisions of the RTI upon providing fair opportunity to all the parties particularly the Appellant within six weeks from the date of receipt of order. The First Page 4 of 5 Appeal shall be decided by a reasoned, speaking order on merits upon hearing the parties.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Municipal Corporation of Delhi, Community Services Department, 25th Floor, Dr. SPM Civic Centre, J.L. Nehru Marg, New Delhi - 110002 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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