Central Information Commission
Mr.Vishal Narula vs Mcd, Gnct Delhi on 3 February, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003628/11254
Appeal No. CIC/SG/A/2010/003628
Relevant Facts emerging from the Appeal
Appellant : Mr Vishal Narula,
H No.13/86,
Old Talwandi Road,
Zira 142047,(Ferozepur),
New Delhi.
Respondent : Mr. K. C. Meena
Superintending Engineer-II & Public Information Officer, Municipal Corporation of Delhi, Community Center, Vishal Enclave, New Delhi-110005 RTI application filed on : 15/09/2010 PIO replied : 21/10/2010 First appeal filed on : 01/11/2010 First Appellate Authority order : 10/12/2010 Second Appeal received on : 23/12/2010 Notice of Hearing sent on : 03/01/2011 Hearing held on : 03/02/2011 Information Sought:
Details of the demolition action taken by the department as on 13-09-2010 regarding the property no. B I/602 Jankapuri New Delhi:
1- Details of the area where the demolition action is been taken. 2- Copy of photographs of the area before and after the demolition action been taken. 3- Details of the area of the property B-I/602 Jankapuri New Delhi the demolition action is pending regarding the non compoundable violation as per department record.
Reply of the PIO 1- Demolished front setback bathroom and 2nd floor demolished (punctured slab at 2 points as per the record.
2- No photographs available.
3- Partially demolition has already been taken as per available office record First Appeal :
Incorrect answers for question 2& 3 and hence appeals for imposing penalty on the PIO for receiving the correct information.
Order of the FAA:
As per the hearing on 08-12-2010 in the presence of the appellant and the PIO it was concluded that the complete information along with the affidavit is forwarded to the appellant. Still the appellant is aggrieved of the information received and hence the PIO is directed to redress the grievance of the appellant by taking appropriate actions.
Ground of the Second Appeal:
Direction to provide coloured photographs of the demolished area i.e. demolished bath room at ground floor in front set back and punctured slab at two points at second floor. Penalize the officers and award compensation.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Vishal Narula;
Respondent : Mr. K. C. Meena, Superintending Engineer-II & Public Information Officer;
The Respondent has given information on query-02 that no photographs are available. The Appellant has shown that in another RTI application the respondent has provided photographs. The Respondent admits that a copy of the photograph has been provided to the Appellant in pursuance of the Commission's order in another matter. It appears that the respondent has given false information to the Appellant.
The Respondent states that Mr. B. S. Yadav, EE(B) is responsible for giving false information.
Decision:
The Appeal is allowed.
The information available on the records has been provided.
The issue before the Commission is of not supplying the complete, required information by the deemed PIO Mr. B. S. Yadav, EE(B) within 30 days as required by the law.
From the facts before the Commission it appears that the deemed 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. B. S. Yadav, EE(B) will present himself before the Commission at the above address on 16 March 2011 at 02.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1).
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.
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 February 2011 (In any correspondence on this decision, mention the complete decision number.) (SM) CC:
To, Mr. B. S. Yadav, EE(B) through Mr. K. C. Meena, PIO & SE-II;