Central Information Commission
Mr. Kuldeep Singh Yadav vs Municipal Corporation Of Delhi on 11 September, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/001609/4505penalty
Appeal No. CIC/SG/A/2009/001609
Relevant Facts emerging from the Appeal:
Appellant : Mr. Kuldeep Singh Yadav
B-116, Shiv Park, Nangloi,
New Delhi.
Respondent : Mr. NP Grover
UDC, Municipal Corporation of Delhi O/o the Suptdg. Engineer-I, West Zone, Vishal Enclave, Rajouri Garden, New Delhi-110027.
Mr. NN Singh JE, Deputy Director Horticulture, Slum & JJ Dept. Community Hall C-Block, Raghubir Nagar Delhi 110027 RTI application filed on : 12/03/2009 PIO replied : 04/05/2009 First appeal filed on : 21/04/2009 First Appellate Authority order : 02/06/2009 Second Appeal received on : 03/07/2009 The Appellant has sought following informations regarding Ekta Enclave Janta Flats, near Piragadhi Chowk, before Metro Station:
Sl. Information Sought PIO's Reply
1. Date of construction of the said colony and the day It Does not pertain to this division.
when MCD overtook it.
2. Number of flats and its size. As above.
3. Size of Road in the said colony. The layout plan of the colony is not available in the office at present. The same will be collected from the Head Quarters. As soon as the same will be available the information my be submitted to the Appellant.
4. Details of floors on each flat. It pertains to Bldg. Department.
5. Whether any illegal construction took place in the said As above.
colony and if yes then details of action taken by the department.
6. Details of flats without any illegal construction and with As above.
illegal construction.
7. Name of the responsible person behind all these illegal As above.
construction.
8. Number of the allotments held by original allottee. It Does not pertain to this division.
9. Details of action to be taken by the department on this It pertains to Bldg. Deptt. West RTI Application. Zone.
10. Number of the action taken on illegal construction in the As above.
said colony by the Building Department (West Zone) under DMC Act-1957.
11. Please conduct a survey based on the present compliant As above.
and give the information to the Appellant.
12. Report of the action taken on illegal construction in the As above.
said premises along with any casualty if any taken place.
Ground of First Appeal:
Incomplete and unsatisfactory reply received form the PIO. First Appellate Authority ordered:
The FAA observed that the reply of works department had already been sent to the Appellant. The AE(Works) informed that the Bldg Plan is with DDA. Further the FAA in its decision directed the AE(B)- I to send the reply, pertaining to Bldg. Department within 10 days' time.
Ground of the Second Appeal:
Non-compliance of the order of the FAA by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Kuldeep Singh Yadav Respondent : Mr. A.R. Meena, APIO on behalf of PIO Mr. V.R. Bansal The PIO Mr. V.R. Bansal and the deemed PIO Mr. B.B. Bajaj have given the information only on 01/06/2009 though the RTI application has been made on 12/03/2009. In this reply they have stated that for query numbers 1, 2, 3 & 4 the information is with DDA. If this was true they should have transferred the part of application to DDA under Section 6(3) within 5 days of receipt of the application, which they failed to do. The PIO was directed to transfer this application to DDA before 24/08/2009 and inform the appellant about this.
Decision:
The Appeal was allowed. The PIO was directed to transfer the application to DDA and Appellant will be informed about this before 24/08/2009. The Commission issued a show cause notice to Mr. VR Bansal and Mr. BB Bajaj to appear before the Commission on 4 September 2009 at 11.30am alongwith their written submissions showing cause why penalty should not be imposed on them as mandated under Section 20 (1).
Relevant facts arising during the show cause hearing on 04/09/2009: The following were present:
Appellant: Absent Respondent: Mr. VR Bansal, Mr. BB Bajaj The Respondents submitted written explanation. They submit that the RTI Application was received by the Department on 09/04/2009 and it was received by Mr. VR Bansal, PIO on 15/04/2009. He also submits that the letter by which the Application was forwarded to him also transferred the Application to DDA. He has submitted a copy of that letter. He has also submitted proof to show that the Application has yet again been transferred to the DDA on 20/08/2009 pursuant to the Commission's order.
Mr. BB Bajaj, the APIO received the RTI Application on 15/04/2009 and responded to it on 01/06/2009. He submits that the delay was because of the action of the JE Mr. NN Singh. The information was finally given to the Appellant on 09/07/2009. This delay has been attributed to the dealing assistant by Mr. VR Bansal. The Commission directs Mr. Bansal and Mr. Bajaj to submit a time chart which apportions the responsibility for delay between the different persons concerned. Another hearing will be held on 11/09/2009 at 11.30am when they are coming for a different hearing before the Commission.
Relevant facts arising during the show cause hearing on 11/09/2009: The following persons were present:
Appellant: Absent Respondent: Mr. VR Bansal, Mr. BB Bajaj, Mr. NN Singh, JE, Mr Grover, UDC The deemed PIO Mr. NN Singh admits that the information was delayed by 36 days from 21/04/2009 to 28/05/2009 and deemed PIO Mr. NP Grover admits that there has been a delay of 75 days from 2/06/2009 to 17/08/2009. They claim this is due to pressure of work and lack of adequate staff for doing the work. They are also stating that this is the first time and they would like this to be condoned.
Decision:
The delay has been clearly there and no reasonable cause has been offered for the delay. However, the Commission accepts that both the deemed PIOs should be given a reduction of 7 days to account for the time it would have taken them to provide the information. The Commission therefore penalizes Mr. NN Singh at Rs. 250/- per day of delay as per Section 20(1) for 29 days and Mr. NP Grover at Rs. 250/- per day for a delay of 68 days.
As per the provisions of Section 20 (1), the Commission finds this a fit case for levying penalty on Mr. NN Singh, JE, deemed PIO. Since the delay in providing the correct information has been of 29 days, the Commission is passing an order penalizing Mr. NN Singh, JE, deemed PIO for Rs. 7250/-.
The Commissioner, Municipal Corporation of Delhi is directed to recover the amount of Rs.7250/- from the salary of Mr. NN Singh, JE, deemed PIO, and remit the same by a demand draft or a Banker's Cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary of the Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi - 110066. An amount of Rs. 5,000/- may be deducted from the salary and paid by the 10th October 2009 and Rs. 2,250/- from the salary and paid by 10th November 2009.
As per the provisions of Section 20 (1), the Commission finds this a fit case for levying penalty on Mr. NP Grover, UDC, deemed PIO. Since the delay in providing the correct information has been of 68 days, the Commission is passing an order penalizing Mr. NP Grover, UDC, deemed PIO for Rs. 17,000/-.
The Commissioner, Municipal Corporation of Delhi is directed to recover the amount of Rs.17,000/- from the salary of Mr. NP Grover, UDC, deemed PIO, and remit the same by a demand draft or a Banker's Cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary of the Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi - 110066. An amount of Rs. 5,000/- may be deducted from the salary and paid every month by the 10th of the month for the months of October, November and December 2009 and Rs. 2,000/- paid by 10th January 2010.
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 11 September 2009 (In any correspondence on this decision, mention the complete decision number.) (GJ)
1. Commissioner Municipal Corporation of Delhi Town Hall, Delhi- 110006
2. Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi - 110066