Central Information Commission
Mr.Anil Dutt Sharama vs Mcd, Gnct Delhi on 28 June, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/001385/19408
Appeal No. CIC/SG/A/2012/001385
Relevant Facts emerging from the Appeal
Appellant : Mr.Anil Dutt Sharma
D-129, New Seelampur,
Delhi - 110053
Respondent : Mr. Sushil Kumar
PIO & SE-I Municipal Corporation of Delhi O/o The S.E. - I, Shahdara South Zone, Zonal Office Building, III floor, Karkardooma, Delhi - 110092.
RTI application filled on : 05/12/2011 PIO replied : 22/02/2012 First appeal filed on : 04/03/2012 First Appellate Authority order : 15/05/2012 Second Appeal received on : 03/05/2012
The appellant has sought the information regarding the information sent by him of unauthorized construction.
1. Abutting B-69 Vivek Vihar Phase II main road under bridge
2. 210/6 main pandav Road opp. Bhim Gali
3. Abutting plot of 518/13D Gali no.1, Vishwas Nagar
4. Abutting plot of 4/1882 Vishwas Nagar Pandav Road Gali no.3
5. 27/124 or abutting plot Gali no.6 Vishwas Nagar
6. Plot in front of 4/1897 Pandav Road Gali no.5
7. 27/127 or27/128 Gali no.6 Vishwas Nagar
8. Abutting plot of 3/14 Nakul Gali
9. Plot next to next of 522/22 Sehdev Gali 60 feet road Vishwas Nagar
10. Abutting plot 591/16 Vishwas Nagar Sl. Information Sought Reply of the PIO
1. Inform me the name of beat staff who were appointed since the plots were Information has been being constructed and name of the person/S.H.O whose responsibility was provided by PIO to inform MCD during the initial stages of construction. D.C.P(East Delhi) to the appellant.
2. Inform me on record information of construction of above said properties Same as point no.1 of Delhi Police east district. Inform me what action the local police and MCD have initiated after getting the information
3. Inform me exact no. of plots of above mentioned reference in police Same as point no.1 record and MCD record.
Page 1 of 34. If address is incomplete then inform me whether the police have applied Same as point no.1 CrPC for the purpose of investigation.
5. Inform me, the police stations of east district are maintaining all the record Same as point no.1 of above reference properties regarding construction which is obligatory function under section 4 of RTI act for providing information under RTI act to aspirants. If information is not available then provide me copy of police complaint if record has been stolen, copy of officer order if record has been destroyed and copy of disciplinary action against the delinquent officer if record has not been maintained.
6. I have given information of construction on 3rd Dec 2011 to the DCP East Same as point no.1 and commissioner of MCD Shahadra South by email as the construction is against MCD act. Please provide me information about the action and procedure which both the agencies have initiated after receiving information and provide me information of such record which you and MCD have maintained after receiving information of construction and name of the staff whose duty is maintain the record.
7. If construction in unauthorized then tell me what action has been taken as No such type of information per law. entered in the record.
8. Provide me copy of police report which was received by MCD and diary For information visit the no. of MCD record. office of Diary register between 2 to 3 PM on any working day.
9. Inform me the date when police sent report of construction to the S.T.F Same as point no.7 and after receiving such information what action S.T.F has initiated against the constructers.
Grounds for the First Appeal:
Unsatisfactory reply by the PIO.
Order of the First Appellate Authority (FAA):
The PIO is directed to provide the point wise information to the Appellant and details of the architect within 30 days.
Grounds for the Second Appeal:
Information not provided by the PIO and appeal not disposed by FAA. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Anil Dutt Sharma;
Respondent: Mr. O. P. Ojha, AE(B) and Mr. D. K. Gupta, AE(B) on behalf of Mr. Sushil Kumar, PIO & SE-I;
The Appellant states that he has not received any information and the respondent confirm that no information has been sent after the order of the FAA.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information as per available records to all the queries point-wise to the Appellant before 15 July 2012.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.Page 2 of 3
From the facts before the Commission it appears that the PIO is guilty of not furnishing complete information within the time specified under sub-section (1) of Section 7 as per the requirement of the RTI Act. He has further refused to obey the orders of his superior officer. 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 20 July, 2012. 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, along with the copy of the information.
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 28 June 2012 (In any correspondence on this decision, mention the complete decision number.) (MB) Page 3 of 3