Central Information Commission
Shri.Parmod Kumar vs Mcd, Gnct Delhi on 26 April, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000701/18600
Appeal No. CIC/SG/A/2012/000701
Relevant Facts emerging from the Appeal
Appellant : Mr. Parmod kumar
180, V+PO -Rani Khera
Delhi-110081
Respondent : Mr. A. K. Mittal
PIO & SE Municipal Corporation of Delhi Najafgarh Zone Overhead Water Tank, Nazafgarh, Delhi RTI application filed on : 05/09/2011 PIO replied : 14/10/2011 First Appeal : 28/10/2011 First Appellate Authority order : 24/11/2011 Second Appeal received on : 29/02/2012 S.No Queries Reply 1 Provide the details of the expenditure in the Rani Khera Park from In this division no work 2006-2011. has been done from 2006 2 How many times meeting were held in MCD for the beautification of Does not pertain to this the park division 3 Three months ago, in this park the soil was dumped from which As above source ? There are big rubbles and stones in this soil. Is this building debris? How much was spent on this?
4 In Rani Khera village what devt activities were carried out by the MCD Does not pertain to this from 2006 , how much was spent on this ? Provide the complete details. division 5 How mnay vehicles are on the MCD duty from dumping the debris and As above garbage from this area ? jow many empoyess are non permanent ? provide the list of employees and officers with mobile numbers . 6 Which officer ordered for dumping the debris/ garbage in the pond b/w As above Village Rani Khera and Rasoolpur ? when will be the entire garbage cleaned up from the pond ?
Grounds for the First Appeal:
Information provided is misleading and unsatisfactory. Order of the FAA:
Reply of the 1, 2 3, and 4 is improper so CPIO is directed to provide the complete information within 15 days.Page 1 of 2
Grounds for the Second Appeal:
Information provided is incomplete and misleading.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. R. C. Dabas, AE and Mr. A. K. Dabas, JE on behalf of Mr. A. K. Mittal, PIO & SE;
The Respondent admits that no information has been provided to the appellant after the order of the FAA. The order of the FAA has not been complied with and has been defied and there is no explanation for this.
Decision:
The Appeal is allowed.
The Respondent Mr. R. C. Dabas is directed to provide the complete information as per available records to the Appellant before 10 May 2012.
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 appears that the PIO is guilty of not furnishing complete information within the time specified under sub-section (1) of Section 7 as per the requirement of the RTI Act. He has further refused to obey the orders of his superior officer. The First Appellate Authority has clearly ordered the information to be given.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 23 May 2012 at 11.30am alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also submit proof of having given the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed to inform such persons of the show cause hearing and direct them to appear before the Commission with him. If no other responsible persons are brought by the persons asked to showcause hearing, it will be presumed that they are the responsible persons.
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 26 April 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 2 of 2