Central Information Commission
Mr.Narender Singh Negi vs Mcd, Gnct Delhi on 3 June, 2011
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000583/12326Adjunct
Appeal No. CIC/SG/A/2011/000583
Appellant : Mr. Nerendra Singh Negi
B 1099 JJ Colony,
Sawada Ghewra,
New Delhi - 110081
Respondent : Mr. Rambir Singh Chhikara
Deemed PIO & Sanitary Inspector Municipal Corporation of Delhi O/o The Asst. Commissioner, Nazafgarh Zone, Over Head Water Tank, Najafgarh, New Delhi RTI application filed on : 04/10/2010 PIO replied : not received First Appeal filed on : 21/02/2011 Hearing Notice Issued on : 06/04/2011 Date of Hearing : 10/05/2011 Information Sought:-
The appellant wants the following information:-
1) How many public toilets are there in JJ Colony Sawda Delhi-81 (Ward no. 30) and in which block they are situated.
2) Who is responsible for the cleaniness and maintainence of these toilets. How many people have been appointed for the same. Also tell their duty timings?
3) what amount is given for these toilets to the MCD or Delhi Govt. or other agency per month. And how it is spended.
4) what amount is charged for using these toilets. If the using is free of cost than by whose permission caretaker charges the amount. Whether the amount charged is deposited in the account of the MCD or not. Provide the complete information for the same.
5) whether the caretaker who is working has been appointed by your department. If yes, provide the information about the same.
6) At some places in JJ Colony the toilet are used as parking place for rickshaw and auto rickshaw and in some places animals are reared. This all creates problem for the people. And at some places the agriculturing activity has been done which creates problem in rainy season as lot of insects gets the place to live. Who is responsible for this in your department. Whether the action would be taken against the responsible person.
7) Toilet situated in K Block JJ Colony Sawda , the care taker takes the money for the using. If someone refuses to give the money they use abusing language. Whether any action would be taken against them by your department. Provide the information for the same.
Grounds for First Appeal:
No information was provided by PIO.Page 1 of 3
Reply from the PIO:
Not replied.
FAA's Order:-
During the hearing the appellant averted that the PIO has not furnished information within prescribed period so far. The PIO is directed to furnish the requisite information within 7 days positively to the appellant.
Appeal is disposed off accordingly.
Grounds for Second Appeal:-
The appellant was not provided with the reply by the PIO.
Relevant Facts emerging during the hearing held on 10/05/2011: The following were present Appellant: Mr. Nerendra Singh Negi Respondent: Mr. Rambir Singh Chhikara, Deemed PIO & Sanitary Inspector "The respondent states that he sent the information to appellant on 3.3.2011. The appellant admits that he has received it and that he is satisfied. The Respondent Deemed PIO Mr. Rambir Singh Chhikara admits that he received the RTI Application on 7.10.2010 and is not able to give any reasonable explanation for not providing the information before 4.11.2010."
Decision dated 10/05/2011:
The appeal was allowed.
"The information has been provided to appellant on 3.3.2011.
The issue before the Commission is of not supplying the complete, required information by the Deemed PIO Mr. Rambir Singh Chhikara within 30 days as required by the law. From the facts before the Commission it appears that the PIO is 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 him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
Deemed PIO Mr. Rambir Singh Chhikara will present himself before the Commission at the above address on 03 June 2011 at 10.30AM 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."
Relevant facts emerging during the showcause hearing on 03/06/2011: Respondent: Mr. Rambir Singh Chikara, Deemed PIO & Sanitary Inspector;
During the hearing held on 10/05/2011 the deemed PIO & SI Mr. Rambir Singh Chikara accepted that he had received the RTI application on 07/10/2010, however now he is changing his statement stating that he received the RTI application only on 01/03/2011 from the office of the PIO. Mr. Chikara states that the RTI application was with Mr. Dilip Singh, Assistant Commissioner and he gave it to Mr. Chikara only on 01/03/2011, when Mr. Chikara provided the information on 03/03/2011. Based on his statements it appears that the person responsible for the delay in providing the information was Mr. Dilip Singh, Assistant Commissioner. Mr. Chikara also states that Mr. Dilip Singh has taken charge only in 2011 and before him the Assistant Commissioner incharge was Mr. Ved Prakash.Page 2 of 3
Therefore Commission issues a showcause notice to Mr. Dilip Singh, Assistant Commissioner, Mr. Ved Prakash the then Assistant Commissioner and Mr. Rambir Singh Chikara to appear before the Commission on 28 June 2011 at 12.00PM to showcause why penalty under Section-20(1) should not be imposed on one of them for the delay in providing the information.
Adjunct Decision:
Mr. Dilip Singh, Assistant Commissioner, Mr. Ved Prakash the then Assistant Commissioner and Mr. Rambir Singh Chikara, Sanitation Inspector are directed to appear before the Commission on 28 June 2011 at 12.00PM to showcause why penalty under Section 20(1) should not be imposed.
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 them.
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 03 June 2011 (In any correspondence on this decision, mention the complete decision number.) (HA) Copy through Mr. Rambir Singh Chikara, Sanitation Inspector to:
1- Mr. Dilip Singh, Assistant Commissioner, 2- Mr. Ved Prakash the then Assistant Commissioner Page 3 of 3