Central Information Commission
Prafulla Kumar vs Delhi Pollution Control Committee on 22 March, 2022
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/DPCCM/A/2021/110389
Prafulla Kumar .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Section Officer-(RTI/Admin.),
Delhi Pollution Control Committee,
Department of Environment
(Government of NCT of Delhi), 5th Floor,
ISBT Building, Kashmere Gate, Delhi-110006.
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 17.11.2020
CPIO replied on : Not on record
First appeal filed on : 15.01.2021
First Appellate Authority order : Not on record
Second Appeal received at CIC : 08.03.2021
Date of Hearing : 21.03.2022
Date of Decision : 21.03.2022
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Page 1 of 4
Information sought:
The Appellant sought information:
Etc. • Dissatisfied that no response received from PIO, Appellant filed First Appeal, vide letter dated 15.01.2021.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present.
Respondent: Not present.Page 2 of 4
Appellant stated that relevant information, as sought in the instant RTI Application, has not been furnished to him. He further requested the Commission that complete set of information be furnished to him.
Upon Commission's instance, Appellant stated no information has been furnished to him till date in the instant RTI Application.
Decision:
At the outset, Commission takes grave exception to the absence of PIO during hearing without intimating any reasons thereof. Accordingly, PIO is hereby directed to file a written explanation justifying the said conduct, failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated against him/her, if necessary.
PIO is directed to ensure that his written submission reaches the Commission within 30 days from the date of receipt of this order, failing which ex-parte action will be initiated against him/her.
Furthermore, Commission has gone through the case records and on the basis of proceedings during hearing expresses severe displeasure over the conduct of the then PIO in not having provided any reply on the RTI Application within the stipulated time frame of RTI Act. In view of the foregoing, Commission directs then PIO through the present PIO to send his/her written submissions to justify as to why action should not be initiated against him/her under Section 20 of the RTI Act for the gross violation of its provisions. In doing so, if any other persons are also responsible for the omission, the then PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. The said written submission of then PIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days from the date of receipt of this order.\ The present PIO will ensure service of this order to then PIO.Page 3 of 4
Now, Commission directs the present PIO to provide a fresh point-wise reply to the Appellant, with regards to instant RTI Application, free of cost via speed post within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the said PIO.
In case relevant information is not available in their records, then same must be procured from the concerned branch/department and furnished to the Appellant. In doing so, PIO must make sure that any third-party information or any other information which is exempted from disclosure under RTI Act, 2005 shall not be disclosed to the appellant while providing the said reply. No further action lies.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Copy to be served through present PIO to:
Then PIO, Section Officer-(RTI/Admin.), Delhi Pollution Control Committee, Department of Environment (Government of NCT of Delhi), 5th Floor, ISBT Building, Kashmere Gate, Delhi-110006.
--(For taking note of the adverse remarks of the Commission and complying with the directions)--Page 4 of 4