Central Information Commission
Mr. V. K. Gupta vs Shahadara North Zone, Mcd on 12 April, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000564/7442
Appeal No. CIC/SG/A/2010/000564
Relevant Facts emerging from the Appeal
Appellant : Mr. V. K. Gupta,
F-118, Dilshad Colony,
Near Seema Puri,
Delhi - 110095
Respondent : Mr. Kanwar Singh
Dy. Education Officer & PIO,
Shahadara North Zone, MCD,
Keshav Chowk,
Delhi
RTI application filed on : 30/11/2009
PIO replied : No reply
First appeal filed on : 05/01/2010
First Appellate Authority order : 27/01/2010
Second Appeal received on : 26/02/2010
Information sought:
1. What action has been taken by DCA (SN) on the applicant's letter dated 07/08/2009 wanting to know the development in grant of family pension to Ramesh Kumar, mentally retarded son of late Ram Kishan Gupta, Headmaster, MCD Primary School, Seema Puri, Delhi?
2. What action has been taken by Dy. Commissioner (SN) since the above mentioned letter was sent to him by DCA (SN) vide dispatch no. 3085 on 05/11/2009?
3. What action has been taken by DEO (SN) since the above mentioned letter was sent to him by DC (SN) vide dispatch no. 3390 on 11/11/2009?
4. Who is the ultimate authority to grant family pension to Ramesh Kumar, mentally retarded son of late Ram Kishan Gupta, Headmaster, MCD Primary School, Seema Puri, Delhi?
5. When and where will this letter be moved next?
6. What is the maximum and the minimum time taken to grant family pension to a mentally retarded person?
Reply of PIO:
No reply.
First Appeal:
No information provided.
Order of the FAA:
PIO to give reply within 7 days of the Order i.e. from 27/01/2010.
Ground of the Second Appeal:
Ground for First Appeal and no reply by PIO after FAA's order. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. V. K. Gupta;
Respondent: Mr. Kanwar Singh, Dy. Education Officer & PIO; Dealing Assistant Mr. Raman Kumar;
The Appellant's father was an MCD employee who has expired in June 2009. The Appellants brother who is mentally recorded is a nominee person. He has been seeking information about the status and movement of the pension claim. It is apparent that no information was provided to the appellant by the PIO. The first information provided to the Appellant was by a letter which has been given a date of 12/02/2010 signed by Mr. Kanwar Singh, Dy. Education officer and PIO and sent by speed post no. ED917468450IN on 19/03/2010. Even this information does not give the complete position. The file notings which have been produced before the Commission by the PIO show that on 04/09/2009 the dealing assistant Mr. Raman Kumar had sought administrative approval since then the file has been collecting signatures of different officers and on 17/02/2010 the file notings of some body from the accounts department which is difficult to read and it is impossible to make any sense out of the noting. The dealing assistant Mr. Raman Kumar assures the Commission that he will personally take this file to the person who had made the undecipherable noting and try and ensure that the administrative permission is obtained. The Commission directs PIO to give a copy of the notings to the appellant before 20 April 2010.
Decision:
The appeal is allowed.
The Commission directs PIO to give a copy of the notings to the appellant before 20 April 2010.
The issue before the Commission is of not supplying the complete, required information by the PIO Mr. Kanwar Singh within 30 days as required by the law. From the facts before the Commission it is apparent 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.
Mr. Kanwar Singh will present himself before the Commission at the above address on 19 May 2010 at 11.00am 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.
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 12 April 2010 (In any correspondence on this decision, mention the complete decision number.) (AS)