Central Information Commission
Mr.Khem Chand vs Mcd, Gnct Delhi on 3 December, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002995/10302
Appeal No. CIC/SG/A/2010/003097
Relevant Facts emerging from the Appeal
Appellant : Mr. Sanjay Aggarwal
E-4/18, Krishna Nagar, Delhi-110051
Respondent : PIO/SE-I
Shahdara South Zone, MCD
Zonal Office Building, 3rd Floor
Kakardoma, Delhi-110092
RTI application filed on : 30/06/2010
PIO replied : 03/08/2010
First appeal filed on : 26/08/2010
First Appellate Authority order : 28/09/2010
Second Appeal dated : 27/10/2010
The applicant had filed an RTI Application with respect to his compliant dated 08/06/2010 against
unauthorized constructions. The appellant had filed an appeal with the FAA as he did not get clear
information with respect to point no. 3 and 4 only.
Information sought:
3- If this is unauthorized construction, then what action MCD has been taken against it. 4- Whether the said unauthorized constructions were booked under section 343, 344 (1) of the Building Byelaws or notices were issued under section 345A. If yes copy of the notice to be given.
Reply of the PIO:
3- Action is being taken against the U/C as per DMC Act.
4- As per policy and provision of DMC Act.
Grounds for the First Appeal:
Incomplete and non-satisfactory reply from the PIO.
Order of the First Appellate Authority (FAA):
"I have gone through the Appeal of Mr. Sanjay Aggarwal. He has mainly objected to the information provided in respect of point No.3 & 4. I have also perused the application (I.D. No. !943) of Shri Aggarwal and the information provided by the PlO vide letter dated 03/08/2010. The information so provided relating to point No.3 & 4 is not specific and satisfactory. I, therefore, direct the PIO/SE-I to give specific information available on record relating to action taken so far in respect of unauthorized construction in the properties wide reference by 7 October, 2010 positively under intimation to this office. The present appeal stands disposed of accordingly."
Grounds for the Second Appeal:
Non compliance of FAA's order by the PIO. Information has not been given till date. Decision:
From the perusal of the papers submitted by the Appellant it appears that the specific information relating to point 03 & 04 was not provided to the Appellant inspite of the clear order of the FAA. The PIO should have provided information about the action taken or not taken. The PIO should have provided the specific information whether the property has been booked.
The Appeal is allowed.
The PIO is directed to give the information on queries 03 & 04 to the Appellant before 20 December 2010.
From the facts before the Commission it is apparent that the deemed PIO Mr. Bachchu Lal 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. He has further refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial of information may also be malafide. 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 give his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1) before 25 December 2010. He will also send the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant.
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 December 2010 (In any correspondence on this decision, mention the complete decision number.)(VMK)