Central Information Commission
Mr. Gagan Gandhi vs Municipal Corporation Of Delhi West ... on 27 July, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001759/8392Adjunct
Complaint No. CIC/SG/C/2010/001759
Complainant : Mr. Gagan Gandhi
H-74, Kirti Nagar
New Delhi-110015
Respondent : Mr. R. K. Saroha
Deemed Public Information Officer &
The then E.E(B)-I,
Municipal Corporation of Delhi
West Zone, Vishal Enclave
Rajouri Garden, New Delhi
Facts arising from the Complaint:
Mr. Gagan Gandhi had filed a RTI application with the PIO, MCD, West Zone, New Delhi on 23/10/2009 asking for certain information. Subsequently the same was transferred vide a letter dated 29/10/2009 of the Assistant Commissioner to the PIO/SE-I, MCD, West Zone. Since no further reply was received by the Complainant, he filed a Complaint under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to the PIO/SE-I, MCD, West Zone, New Delhi on 09/02/2010 with a direction to provide the information to the Complainant and further sought an explanation for not furnishing the information within the mandated time.
Subsequently, the Commission received a letter dated 16/03/2010 from the PIO/SE-I, MCD, West Zone wherein it has been stated that information has been provided to the Complainant vide a letter dated 15/03/2010. Further stating that the onus for delay in providing the information rests with the EE (B)-I, MCD, West Zone. There appears to be a delay of over 95 days in responding to the RTI Application dated 23/10/2009. The PIO while explaining the reasons for the delay states that the concerned officers on the post of EE (B-I) have been changing in short intervals.
Commission's Decision 02 July 2010:
"The Complaint is allowed.
From the facts before the Commission it is apparent that the Complainant has been unnecessarily harassed due to the non-provision of the information after he filed the RTI Application. The information has been provided to the Complainant only on 15/03/2010 i.e. after the Commission's direction notice dated 09/02/2010; the Complainant has had to wait for more than three months. This is due to the carelessness of the concerned officials and the poor work culture of the Public Authority. The officers shown to be responsible for the delay have been changing posts. Hence, it is difficult to fix any individual PIO/deemed PIO responsible for the delay. However, the Complainant has certainly suffered from this harassment, hence, the Commission feels that a compensation of Rs.2000/- should be awarded to the Complainant for the loss and detriment suffered by him.
In view of the aforesaid, the present PIO and deemed PIO (EE-B-I) are hereby directed to present themselves before the Commission on 27/07/2010 at 03.00 pm along with their written submissions to show cause why the Commission should not direct the public authority to award the compensation of Rs. 2000/- to the complainant for the loss and detriment suffered by him as per Section 19 (8) (b) of the RTI Act, 2005."
Relevant Facts emerging during Showcause hearing on 27/07/2010 :
The following were present:
Respondent: Mr. R. K. Saroha, Deemed Public Information Officer & the then E.E(B)-I;
It is apparent that because of the extremely poor functioning of the Public Authority the information was provided very late to the Complainant. The Deemed PIO Mr. Saroha admits that the information was provided late but states that he was not responsible for this. In view of this the Commission awards a compensation of Rs.2000/- to the Complainant under its powers under Section 19(8)(b) of the RTI Act for the loss and detriment suffered by him in getting the information and having to file an unnecessary complaint before the Commission.
Adjunct Decision:
The Deemed PIO Mr. R. K. Saroha is directed to ensure that a cheque of Rs.2000/- is sent to the Complainant before 30 August 2010.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 27 July 2010 (In any correspondence on this decision, mention the complete decision number.)(SP))