Central Information Commission
Prashant Kumar vs Gnctd on 26 June, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/SDMCQ/A/2023/607483
CIC/SDMCW/A/2023/611101
CIC/GNCTD/A/2023/633740
CIC/GNCTD/A/2023/633743
Prashant Kumar .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
Executive Engineer-(Bldg.-I)/West
Zone, South Delhi Municipal
Corporation, Dr. Saheb Singh
Verma Nigam Bhawan, Vishal
Enclave, Rajouri Garden, New Delhi-110027 .....प्रनर्वािीगण /Respondent
Date of Hearing : 20.06.2024
Date of Decision : 25.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above- mentioned Appeals have been clubbed together for disposal
through common order as these are based on similar RTI applications of the
same Appellant.
Relevant facts emerging from appeal:
RTI application filed on : 21-11-2022, 08-12-2022 & 14-04-2023
CPIO replied on : Not no record & 09-05-2023
Page 1 of 12
First appeal filed on : 22-12-2022, 14-01-2023, 17-05-2023 &
16-05-2023
First Appellate Authority's order : Not on record& 30-06-2023
2nd Appeal/Complaint dated : 09-02-2023, 28-02-2023 & 11-07-2023
CIC/SDMCQ/A/2023/607483
Information sought:
The Appellant filed an RTI application dated 21.11.2022 seeking the following information:
"Please provide building plan/map of property NO. WZ-1598-H/1 and WZ- 1598-H/1-A. Please also provide Occupancy certificate and Clearance certificate of both the property/buildings.
And also provide copy of all documents which is submitted by builder/first parties at the time of getting OC and CC."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 22.12.2022. The FAA order is not on record.
CIC/SDMCW/A/2023/611101 Information sought:
The Appellant filed an RTI application dated 08.12.2022 seeking the following information:
"One representation dated 29.11.2022 was sent to Commissioner SDMC vide speed post No ED036034955IN dated 29.11.2022 and Second one was sent to Deputy Commissioner West Zone SDMC vide speed post No ED036034947IN dated 29.11.2022.
Please provide complete action taken report of both representations by post in the period of time bound limit.
Attachments are attached herewith for your kind information and necessary action please."Page 2 of 12
Having not received any response from the CPIO, the appellant filed a First Appeal dated 14.01.2023. The FAA order is not on record.
CIC/GNCTD/A/2023/633740 Information sought:
The Appellant filed an RTI application dated 14.04.2023 seeking the following information:
"Two complaints forwarded to MCD Delhi by PGC Delhi for taking necessary action on complaint. One complaint was forwarded to Director of Vigilance MCD and second one was forwarded to Commissioner MCD for taking necessary action on complaint by PGC Delhi. Both complaints relates to SDMC West Zone. Attachment are attached herewith for your kind information and necessary action please. Please provide complete action taken report of both the complaint under RTI Act. I shall be thankful to you."
The CPIO furnished a reply to the Appellant on 09.05.2023 stating as under:
"Kindly refer to your online RTI application dated 14.04.2023 received in this Department on 17.04.2023 (Ref. No. SDLMC/R/2023/60454/1). In this regard, as per the information provided by the concerned unit this reference has been forwarded to Dy. Commissioner, West Zone, for taking appropriate action as deemed fit at his end vide letter No. ADOV-I/MCD/GK/A-20/2023/684 dated 10.03.2023. Therefore, your online RTI application is being transferred to PIO/AC/West Zone/MCD, for providing the information directly to you."
Being dissatisfied, the appellant filed a First Appeal dated 17.05.2023. The FAA vide its order dated 30.06.2023, held as under:-
"The case was taken up for hearing today i.e. 28.06.2023. Sh. Prashant Kumar, appellant was present. Sh. P.K. Jindal, AE (M-I) alongwith Sh. Ashutosh Bhatt, JE (M-I) was present on behalf of PIO/EE(M)-I/WZ and Sh. N.K. Jha, AE (Bldg.) were present on behalf of PIO/EE(B)-I/WZ.
During the course of hearing, applicant informed that no reply has been received till date. PIO/EE(B)-I(WZ) is directed to provide the reply to the applicant immediately after receipt of this order.
The appeal is accordingly disposed off."Page 3 of 12
CIC/GNCTD/A/2023/633743 Information sought:
The Appellant filed an RTI application dated 14.04.2023 seeking the following information:
"Two complaints forwarded to MCD Delhi by PGC Delhi for taking necessary action on complaint. One complaint was forwarded to Director of Vigilance MCD and second one was forwarded to Commissioner MCD for taking necessary action on complaint by PGC Delhi. Both complaints relates to SDMC West Zone. Attachment are attached herewith for your kind information and necessary action please. Please provide complete action taken report of both the complaint under RTI Act. I shall be thankful to you."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 16.05.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing on 13.03.2024:
The following were present:-
Appellant: Present in person.
Respondent: Shri R D Chaudhary, APIO/AE and Shri Upkar Goswami, JE present in person.
Order on 18.03.2024:
"At the outset, the Commission is irked at the conduct of Shri Upkar Goswami for neither coming prepared in the hearing to contest the above-mentioned second appeals of the Appellant nor observing punctuality. Further, he was unable to explain to the Commission regarding the reply given on the above- mentioned RTI applications, where the Appellant had sought specific information related to action taken on his representations, etc. Further, on receipt of written submissions from the Respondent Public Authority, it was observed that same content was uploaded in all four second appeals of the Appellant. The response given in the written submissions is only related to file No. CIC/SDMCQ/A/2023/607483. No such response was given by the Respondent in respect of the other three second appeals of the Appellant.Page 4 of 12
Further, the written submissions are different from the assurances made by Shri Upkar Goswami during the hearing.
Such conduct of Shri Upakar Goswami amounts to a gross disregard for citizen's right to information, law of the land i.e. RTI Act and procedure thereunder besides causing unwarranted obstruction to the Appellant's right to information which is in grave violation to the provisions of RTI Act and also the proceedings of the Commission.
The Commission further takes grave exception to the fact that no substantial response has ever been provided by the then concerned PIO and/or by the present PIO of the Respondent Public Authority to the Appellant within the stipulated time frame as envisaged under the RTI Act.
Now, in the interest of justice, the Commission directs the present CPIO to take all the necessary steps to procure the available information as sought for in the above-mentioned RTI Applications except file No. CIC/SDMCQ/A/2023/607483 from the concerned record holder and provide it directly to the Appellant as per the provisions of RTI Act. The said information should be provided free of cost to the Appellant within two weeks from the date of receipt of this order under due intimation to the Commission, failing which, the CPIO is directed to show cause as to why penal action to impose maximum penalty should not be initiated in the matter under Section 20 of the RTI Act for the gross violation of the provisions of the RTI Act.
Notwithstanding the above order, Shri Upkar Goswami, present CPIO and the then CPIO are directed to show-cause in writing as to why maximum penalty should not be imposed on them for disregarding the Commission's hearing and for contravening the provisions of the RTI Act. The written submissions of the officials shall be sent to the Commission within four weeks of the receipt of this order.
FAA is directed to ensure compliance of these directions."
SHOW CAUSE PROCEEDINGS DATED 20.06.2024 Relevant Facts emerged during Hearing on 20.06.2024:Page 5 of 12
The following were present:-
Appellant: Present in person.
Respondent: Shri Raj Deo Chaudhary, AE (Civil)/CPIO, EE(BLG)- I, West Zone along with Shri Upkar Goswami, JE (Civil) and Shri Ashwani Dabas, AE(Civil)/CPIO, EE (DEMS) present in person.
Written submission dated 14.06.2024 filed by the Respondent is taken on record, wherein he inter alia stated as under -
In this regard, it is submitted that in view of the lackadaisical approach of the concerned officials, as observed by the Hon'ble CIC, a Show Cause Notice was served to Sh. R.D. Chaudhary, Present CPIO/APIO and Sh. Upkar Goswami, JE (B) with the direction to explain the reason within 03 days for not appearing before the Hon'ble CIC in time during hearing on 18.03.2024 as well as attended the hearing without preparation about fact of the case and also directed to procure all relevant documents/details from the OI (B) about the information asked by the applicant in the aforesaid RTI case and provide the applicant a point wise proper reply based on the record maintained in the department within 10 days, so that orders of the Hon'ble CIC dated 18.03.2024 be complied in true letter & spirit. A Show Cause Notice was also served to Sh. Ashwani Dabas, the then CPIO/APIO with the direction to explain the reason within 03 days for non-substantial response had ever been provided by the then CPIO.
In reference to Show Cause Notice, all the officials have been submitted their explanation/reply in writing which are attached herewith for ready reference.
As per the reply/explanation of all the concerned officials, it is evident that the requisite information of the 01 RTI, which was received in the department, was provided to the applicant by the department, based on the available record. Further, in compliance of the direction of Hon'ble CIC, as per copies of all 04 RTIs as obtained from the applicant, the point-wise reply/information of each RTI, as per available record, has also been provided to the applicant with the intimation to the Hon'ble CIC vide No. D- 252/EE(B)- I/WZ/2024 dated 28.03.2024 well in time.
It is pertinent to mention that this office has always ensured compliance of the direction of Hon'ble CIC in true letter and spirit and it is further Page 6 of 12 requested to kindly consider the attached replies/explanations of the CPIO/APIOs concerned."
".... in compliance of the direction passed by the Hon'ble CIC vide orders dated 18.03.2024 in appeal Nos. CIC/GNCTD/A/2023/633740 dated 05.03.2024, CIC/SDMCW/A/2023/611101 dated 05.03.2024, CIC/SDMCQ/A/2023/607483 dated 05.03.2024 & CIC/GNCTD/A/2023/633743 dated 05.03.2024, the undersigned being PIO in the matter, had forwarded reply/written statement to the Hon'ble CIC as well as to the applicant via Registered Speed Post vide letter No. D/252/EE(B)-I/WZ/2024 dated 28.03.2024 (copy of the reply and speed post are enclosed). Further, a modified reply had also been provided to the appellant vide No. D-202/RTI/EE(B)-I/WZ/2024 dated 29.04.2024 with the intimation to Hon'ble CIC (copy enclosed).
Further, in compliance of the direction passed by the Hon'ble CIC, the PIO (EE/Bldg./WZ) had provided reply to the appellant vide No. D-124/EE(B)- 1/WZ/2023- 24 dated 13.03.2024, D-125/EE(B)-I/WZ/2023-24 dated 13.03.2024, D-126/EE(B)- I/WZ/2023-24 dated 13.03.2024 and D- 127/EE(B)-I/WZ/2023-24 dated 13.03.2024 on the very same day of passing the orders by Hon'ble CIC on 13.03.2024 & copy of the same had also been uploaded on the given link i.e. submit link of Hon'ble Commission (copy enclosed).
As per direction passed by the Hon'ble CIC vide orders dated 18.03.2024, the reply/explanation of all the concerned officials i.e. Sh. R.D. Chaudhary, Assistant Engineer (Civil), CPIO/APIO, Sh. Upkar Goswami, Junior Engineer (Civil) and Sh. Ashwani Dabas, AE(Civil)/the then CPIO/APIO were also forwarded to the Hon'ble CIC via Registered Speed Post vide letter No. D/172/EE/B-I/WZ/24 dated 05.04.2024 (copy enclosed)."
Contents of reply to SCN by Shri Upkar Goswami are as follows -
"In reference to subject cited Show Cause Notice received by the undersigned on 22.03.2024 which undersigned has been directed to explain the reason within 3 days for not appearing before the Hon'ble CIC in time during hearing on 13.03.2024 as well as attended the hearing without preparation about fact of the case, it is submitted that the hearing in all the four appeal cases vide No. CIC/GNCTD/A/2023/633740 dated 05.03.2024, CIC/SDMCW/A/2023/611101 dated 05.03.2024, CIC/SDMCQ/A/2023/ 607483 dated 05.03.2024 & CIC/GNCTD/A/2023/633743 dated 05.03.2024 were fixed before the Hon'ble CIC on 13.03.2024 at 11.30 AM. But, on the Page 7 of 12 same day, a hearing was also fixed before the Hon'ble Monitoring Committee [Constituted by Hon'ble Apex Court) at 11.00 AM in the matter of permanent de-sealing of property bearing No. D-13 (Stilt Parking) Fateh Nagar, New Delhi-110018 (Case No. 828/2022).
Since, as per the orders of Hon'ble Monitoring Committee, Shri R.D. Chaudhary being AE(Eldg.) concerned in the aforesaid matter had to appear before the Hon'ble Monitoring Committee in person along with report, therefore, undersigned was directed to reach the O/o CIC along with relevant record of the case and he will join the hearing after the hearing of Hon'ble Monitoring Committee is over. Accordingly, in compliance of the said order, I had attended the O/o CIC in time on 13.03.2024 and apprised the chair that the CPIO is on the way and will reach shortly. Based on my submission, the chair directed the undersigned to call the CPIO immediately and gave me some time to call him.
That, in compliance of aforesaid direction, undersigned had immediately contacted Shri R.D. Chaudhary telephonically and apprised him about the said direction. Thereafter, subsequent to arrival of CPIO Shri R.D. Chaudhary, the matter was heard by the Hon'ble CIC and during the hearing it was apprised that issue has been discussed with the applicant Shri Prashant Kumar and he has been assured that his query shall be resolved as soon as possible, as per record available in the department. Based on the submission made before the Hon'ble CIC, it was directed that the reply/information to the RTI applications filed by the applicant shall be uploaded on the Commission's link. Since, as per the record available in the department, out of aforesaid 04 appeal cases, only one (01) RTI was received in the department, therefore, reply of the said RTI was uploaded on the said link. Further, the issue was also discussed with the applicant in person and he was requested to provide all the RTI applications, so that appropriate reply could be provided to him, as per available record.
Now, the applicant has provided all the RTI applications to the undersigned in person and all out efforts are being made to obtain requisite information from the office record and requisite information will be provided to the applicant at the earliest.
Contents of reply to SCN by Shri R D Chaudhary, APIO/AE are as follows -
"In reference to subject cited Show Cause Notice received on which undersigned has been directed to explain the reason within 3 days for not appearing before the Hon'ble CIC in time during hearing on 13.03.2024 as Page 8 of 12 well as attended the hearing without preparation about fact of the case, it is submitted that the hearing in all the four appeal cases vide No. CIC/GNCTD/A/2023/633740 dated 05.03.2024, CIC/SDMCW/A/2023/611101 dated 05.03.2024, CIC/SDMCQ/A/2023/ 607483 dated 05.03.2024 & CIC/GNCTD/A/2023/633743 dated 05.03.2024 were fixed before the Hon'ble CIC on 13.03.2024 at 11.30 AM. But, on the same day, a hearing was also fixed before the Hon'ble Monitoring Committee [Constituted by Hon'ble Apex Court] at 11.00 AM in the matter of permanent de-sealing of property bearing No. D-13 (Stilt Parking) Fateh Nagar, New Delhi-110018 (Case No. 828/2022), wherein, undersigned being AE(Bldg.) concerned and having knowledge of the case, was directed to attend the hearing before the Hon'ble Monitoring Committee, in person, alongwith requisite report. However, as soon as the said matter was heard before the Hon'ble Monitoring Committee (Office at CGO Complex), the undersigned had directly rushed the O/o Hon'ble CIC at Munirka to attend the hearing in the instant appeal case.
It is further submitted that as the undersigned had to attend the hearing before Hon'ble Monitoring Committee, therefore, Sh. Upkar Goswami, JE (C) had attended the O/o Hon'ble CIC as per schedule and informed the Hon'ble Commission that the CPIO is on the way and further requested to allow some more time in the matter.
It is pertinent to mention here that the appellant i.e. Sh. Prashant Kumar filed the second appeals before the Hon'ble CIC in 04 RTIs which were received vide aforesaid appeal cases bearing Nos. 633740, 611101, 607483 & 633743 dated 05.03.2024. But, as per available record in the office of EE (Bldg.), West Zone, only 01 RTI was received in the office of EE (Bldg.), West Zone vide ID No. 237 dated 23.05.2023 & the reply of the same had already been provided by the PIO (Bldg. Deptt.), West Zone vide No. D.255/RTI/EE(B)-1/WZ/2023 dated 01.06.2023. In the said RTI, the applicant had filed an appeal before the First Appellate Authority, wherein, orders were passed by the First Appellate Authority on 30.06.2023. Accordingly, in compliance of said orders of FAA, the PIO provided the point wise modified reply to the applicant vide No. D-337/RTI/EE(B)-1/WZ/2023 dated 20.07.2023. Further, other 03 RTIs, as mentioned in the aforesaid CIC appeal cases, were not received in the O/o EE (Bldg.), West Zone. Accordingly, this fact was also apprised to the Hon'ble Commission during the hearing on 13.03.2024.
Page 9 of 12In view of foregoing submissions, I hereby requested with folded hand to consider my reply and withdraw the subject cited show cause notice issued to me."
Contents of reply to SCN by Shri Ashwani Dabas, AE(Civil)/CPIO, EE (DEMS) are as follows -
"In reference to subject cited Show Cause Notice received on 22.03.2024 vide which undersigned has been directed to submit my reply in terms of the orders passed by the Hon'ble CIC, it is submitted that an application under the RTI Act, 2005 from Shri Prashant Kumar was received in the department, which was registered in the department vide I.D. No. 237 dated 23.05.2023. Accordingly, based on the record available in the department, as provided by the concerned clerk and OI(Bldg.)/WZ, the information to the said RTI was provided to the appellant.
Thereafter, the appellant had filed an appeal against the aforesaid reply/information provided to the appellant by the PIO/Bldg. Deptt. vide letter dated 01.06.2023 and the same was heard by the First Appellate Authority on 28.06.2023. Further, the First Appellate Authority had passed orders in the said appeal case on 30.06.2023 and based on the direction passed thereof, the revised point-wise reply was provided to the appellant vide letter No. D-337/RTI/EE(B)-1/WZ/2023 dated 20.07.2023.
In view of above, it is evident that there is no lapse on my part in the aforesaid RTI/Appeal case and reply of the said RTI was provided to the appellant, as per available record and report submitted to the undersigned by concerned dealing hand. Hence, it is my humble request to kindly consider my above submissions and withdraw the above referred show cause issued to me in the instant matter."
Contents of revised consolidated reply dated 29.04.2024 given by the PIO (case-wise) are reproduced herein below -
CIC/SDMCQ/A/2023/607483:
1. "There is no record of any building plan/map of the said property.
2. No record has been found in the office of EE (bldg.)/West Zone regarding occupancy certificate and clearance certificate of both the property/building.Page 10 of 12
3. No record has been found in the office of EE (bldg.)/West Zone."
CIC/SDMCW/A/2023/611101, CIC/GNCTD/A/2023/633740, CIC/GNCTD/A/2023/633743:
"The said property has been booked under section 343/344(1) of the DMC Act vide No. EE(B)- 1/WZ/UC/24/158 dated 16.04.2024 (copy enclosed)."
Appellant stated that neither concrete reply in compliance of the previous order has been furnished to him nor the issue of wall in the stilt parking of proper was removed by the Respondent. He prayed the Commission to direct the Respondent to take necessary action.
Respondent while reiterating the contents of averred written submission stated that necessary action has already been initiated which is under process and by the end of this month the wall in the stilt parking will be demolished.
Interim Decision:
Perusal of the documents submitted by the Noticees- Shri Raj Deo Chaudhary, AE (Civil)/CPIO, EE(BLG)- I, West Zone along with Shri Upkar Goswami, JE (Civil) and Shri Ashwani Dabas, AE(Civil)/CPIO, EE (DEMS) reveals that the queries of the Appellant had been duly replied by the Respondent vide letter No. D- 202/RTI/EE(B)-I/WZ/2024 dated 29.04.2024 as per the available records, in terms of the provisions of the RTI Act and the Commission upholds the same. The Noticee explained that on the last date i.e. 13.03.2024, he was unable to attend the hearing on the schedule time due to the fact that they were directed to attend a hearing on the same day before the Hon'ble Monitoring Committee [Constituted by Hon'ble Apex Court] at 11.00 AM in the matter of permanent de-sealing of property bearing No. D-13 (Stilt Parking) Fateh Nagar, New Delhi-110018 (Case No. 828/2022) for which he tendered his unconditional apology and prayed the Commission that his bona fide mistake may be condoned in the interest of justice.
In view of the above discussion, the Commission accepts the reply/explanation of the Noticees. However, the Commission advised the Respondent to be cautious in future so as to avoid attracting penal action.Page 11 of 12
Before parting with the case at hand, the Commission wishes to remark that such pertinent facts, as submitted during Show Cause proceedings by the Respondent, should be put on record before the Commission prior to the first date of hearing itself in order to reduce the time, energy and efforts in adjudication on such matters.
Lastly, in view of the commitments made by the Respondent during the hearing, the matter is adjourned.
The Registry of this bench is directed to issue a fresh hearing notice to the Appellant and as well as the Respondents and re-schedule the instant matter on a later date by the end of July, 2024 for examining action taken as committed during the hearing today.
The show cause notice is hereby dropped, and the matter stands adjourned accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 12 of 12 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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