Central Information Commission
Mr.Ram Avtar Meghwal vs Mcd on 25 September, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/001909/4938
Appeal No. CIC/SG/A/2009/001909
Appellant : Mr.Ram Avtar Meghwal,
S/o Shri Kesa Ram B-296,
Camp No. 2, J.J Colony Nangloi
New Delhi-110041
Respondent : Mr. K.C.Bhardwaj
Public Information Officer A.C. (Najafgarh Zone) MCD Delhi Road, Najafgarh- 110043 RTI application filed on : 20/03/2009 PIO replied : 19/05/2009 First Appeal filed on : 02/05/2009 First Appellate Authority order : 08/07/2009 Second Appeal Received on : 05/08/2009 Appellant sought queries regarding Ward No. 31 Nagloi (West). After reply by PIO, he was unsatisfied with the reply of PIO on following 6 queries out of 15:
S.No Information Sought Reply by PIO
10. How many are cleaning staffs and supervisors in that This question pertains to colony? Provide name, address and Phone no. in which SS/NGZ area their duty are.
11. Appellant asked for on what date of repairing of Work of Community Hall Community Hall (Barat Ghar) in D-Block of his Colony (Barat Ghar) in D-Block is will be done. done by Project Div NGZ
12. Doe the MCD charge for the shop of Settring opened on This pertains to A. D the road in camp no.2. or illegal encroachment. (NGZ)
13. How many are toilets in this colony and on which place There are 11 toilets in that these are situated. Provide details of numbers and colony. Number and Name maintenance. of 7 locations were given the PIO.
14. Inform the date by which the park-Baba Ramdev Park, B- Development of the Park, block is to be developed and clarify information about the D-Block is being done by construction to be on this place. this block.
15. 'Raigar Chaupal' is being built in the colony named after This question pertains to JJ particular person. Was this in the plan while colony was Colony being developed or for what purpose was this land left? Application was transferred by PIO, MCD, Najafgarh to Director (Admn), Slum & JJ, I.P Estate since some parts of question pertains to other PIO.
Grounds for First Appeal:
Information not provided. Order of the First Appellate Authority:
In FAA order there were some comments point-wise:
10 &13 SS was directed to send the reply within a week 11 & 12. PIO, Najafgarh is directed to send the reply within a week.
14. The Departmental Officer informed that the construction of boundary wall is in progress and he development of park will be started after the construction work is complete.
15. The departmental officer further informed that the Regar Chaupal is not constructed by the MCD.
Grounds for Second Appeal:
1. After direction on point numbers 10, 11, 12, 13, Information was not received by the Appellant
2. Appellant stated that in reply was said that this did not pertain to MCD then why the building was built on the land of MCD.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr.Ram Avtar Meghwal Respondent: Mr. K.C.Bhardwaj, PIO & AC Najafgarh zone; Mr. K.P.Singh, SE Najafgarh;
Mr. R.K.Singh, DDH (Najafgarh) The Respondent claims that the RTI application has not been in the Department and after the filling of the First Appeal the PIO learned about the RTI application. He therefore replied on 19/05/2009, 22/05/2009 & 23/05/2009. The appellant claims that he did not received some of the replies and the PIO admit that the reply by Sanitary Inspector Mr. Jai Singh was received on 23/09/2009. The PIO Mr. K.C.Bhardwaj states that the person responsible for the delay was Mr. S.S.Arora Sanitation Superintendent. No reply has been given with respect to query 1,2,3,4 & 15 by PIO of Slum & JJ Chief Engineer Mr. Uttam Baswani. The appellant also state that 11 urinals have been shown in the information provided to him, but there are no more that 7 or 8 urinals in the area.
Decision:
The appeal is allowed.
Deemed PIO Chief Engineer Mr. Uttam Baswani Slum & JJ Department is directed to provide the information on points 1,2,3,4 & 15 to the Appellant before 15 October 2009.
Deemed PIO Mr. Jai Singh will jointly inspect the urinal in the area with the Appellant on 30 September 2009 at 1.00pm at JE Works Store, Nangloi, Delhi. They will make a joint report and take photograph of the urinal and both will keep one copy of the inspection report and the photographs jointly signed.
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 Deemed PIO Mr. S.S.Arora Sanitation Superintendent & Mr. Uttam Baswani, Chief Engineer Slum & JJ Department are 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. It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to them, and they are directed to give their reasons to the Commission to show cause why penalty should not be levied on them.
They will present themselves before the Commission at the above address on 29 October 2009 at 10.30am alongwith their written submissions showing cause why penalty should not be imposed on them as mandated under Section 20 (1). They 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. 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 25 September 2009 (In any correspondence on this decision, mention the complete decision number.)Rnj