Central Information Commission
Mr.A K Sharma vs Government Of Nct Of Delhi on 6 September, 2012
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2012/000859
Date of Hearing : September 06, 2012
Date of Decision : September 06, 2012
Parties:
Appellant
Shri A.K. Sharma
12/224, Lodhi Colony
New Delhi 11003
The Appellant was present.
Respondents
Directorate of Vigilance
Government of NCT of Delhi
4th Level, C Wing, Delhi Secretariat
I.P. Estate
New Delhi
Represented by: Shri Ved Prakash, D.R.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2012/000859
ORDER
Background
1. This matter was last heard on 22.08.2012 when the Commission had issued following direction:
"The decision of the Commission in the above captioned order is reproduced below:2. During the hearing, the Respondents stated that they, pursuant to the direction of the Appellate Authority, had on 13.12.2011 requested the RCS to provide the required information to them for onward transmission to the Appellant, but have not so far received any response from the RCS despite the reminder letters dated 01.02.2012, 16.03.2012 and 30.04.2012 to the RCS.
3. In view of the fact that information has not been given to the Appellant by the RCS office despite several requests by the PIO, Directorate of Vigilance, it is directed that the PIO, RCS, within 2 weeks of receipt of this order, shall provide the required information to the Appellant. He shall also, within 2 weeks of receipt of this order, separately send his comments/action taken on the Appellant's complaint dated 04.11.2010 to the PIO, Directorate of Vigilance, who shall then place it before the competent authority for an appropriate decision, which is recommended to be taken preferably by end May, 2012. The decision taken by the competent authority on the Appellant's complaint may thereafter be communicated to the Appellant by the PIO, Directorate of Vigilance.
4. The PIO, RCS is also directed to show cause as to why penalty should not be imposed upon him for obstructing the transmission of information to the Appellant by not responding to the communications dated 13.12.2011, 01.02.2012, 16.03.2012 and 30.04.2012 of the PIO, Directorate of Vigilance. Returnable by 30.05.2012.
2. The Commission received a petition dt.10.6.12 from the Applicant complaining about noncompliance of the above decision by the Public Authority. The Commission, therefore, decided to schedule a hearing for 22.8.12 and accordingly issued notices to concerned parties.
Decision
3. During the hearing, the Respondents submitted that in compliance with the Commission's order dt.7.5.12, they had written to the PIO, RCS to provide to them the requisite information with regard to complaints against Shri Udai Bakshi, Administrator, Quetta Cooperative housing Society Ltd. He added that reminders were also sent to the PIO, RCS on 4.6.12 and 16.8.12 bur no response has been received from PIO RCS till date. It is also noted from the submissions on record that the then PIO, RCS who is supposed to have complied with the Commission's order dt.7.5.12 has also not complied with the show cause notice issued to him in that order for not having responded to the RTI application within the mandatory period. Hence, the then PIO, RCS is directed to appear before the undersigned in her chamber in Room No.296, Second Floor, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066 on 6th September 2012 at 5.00 p.m along with his written submissions to the show cause notice (as per para 4 of the Order dt.7.5.12) as well as his written submission for not complying with the Commission's order dt.7.5.12.
5. The PIO, RCS is also directed to provide the required information to the Directorate of Vigilance within 2 weeks of receipt of this order."
Decision
2. During the hearing, the PIO, RCS stated that as per his record no letter (as mentioned in para 4 of the Commission's decision dated 07.05.2012) from the PIO, Dte. of Vigilance has been received. He, however, mentioned that on receipt of the Commission's hearing notice, he has compiled the information and dispatched the same to the Appellant. He further mentioned that the Dte. of Vigilance has sent the Commission's order to him only on 04.06.2012 that is after the dead line fixed by the Commission and therefore he could not comply wit the Commission's order. However, when he received the Commission's order, he immediately marked it to the APIO, Shri M.L. Gupta for providing the information as directed by the Commission. However, no information has been received from Shri Gupta.
3. From the submission above and on examination of the papers available with the Commission, it is not clear as to at which level the delay had actually occurred. There is no evidence of the fact as to who had obstructed the transmission of information to the Appellant and for how long. It is, therefore, directed the concerned PIOs ie. PIO Dte. Of Vigilance; PIO, RCS and deemed PIO (Shri M.L. Gupta) send their explanations to the show cause notices being issued by the Commission to all three of them providing date wise disposal of RTI application at each stage along with documentary evidence. They are directed to file a chronology of events relating to the processing of the RTIapplication and the Commission's order in their office to the Commission by 15 October, 2012.
(Annapurna Dixit) Information Commissioner September 06, 2012 Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri A.K. Sharma 12/224, Lodhi Colony New Delhi 11003
2. Public Information Officer Directorate of Vigilance Government of NCT of Delhi 4th Level, C Wing, Delhi Secretariat I.P. Estate New Delhi
3. Public Information Officer Registrar of Cooperative Societies Government of NCT of Delhi Parliament Street New Delhi 110001
4. Officer incharge, NIC