Central Information Commission
Mr.Mufti Mohd Haneef vs Mcd, Gnct Delhi on 9 May, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000859/18829
Appeal No. CIC/SG/A/2012/000859
Relevant Facts emerging from the Appeal:
Appellant : Mr. Mufti Mohd. Haneef
H No. 856 , II Floor
Sheesh Mahal
Bahadur Garh Road
Delhi- 06
Respondent Mr. Subhash Dodrai
PIO & SE Municipal Corporation of Delhi Office of the Superintending Engineer (Bldg) Sadar Pahar Ganj Zone, Idgah Road, Behind Sadar Thana, Paharganj, New Delhi RTI application filled on : 30/12/2011 PIO replied : 21/02/2012 First appeal filed on : 10/02/2012 First Appellate Authority order : 09/03/2012 Second Appeal received on : 16/03/2012 The Appellant had sought information regarding the Documents of regularising of property no. 8892-93, Gali Hauji Waali, Naya muhalla, Pool Bangsa, delhi- 06.
Sl. Information Sought Reply of the PIO
1. Property no. 8892-93, gali Hauji waali Naya Information sought by the applicant through this muhalla, pool bangra Delhi- 06 is booked unde point is that the Regularization files of P.No. booking number 11/B/UC/S.P.Z. on date 8892-93, Gali Haji Wall, Naya Mohalla, Pul 10/01/2011.I want to get the photocopy of the Bangash, Delhi-6 is available in the Bldg. application givn for the regularisation of the Department. The applicant can collect the property also provide the attested copies of the documents from the department after depositing relevant documents related to this Rs. 2-per page as per the RTI.Act. regularisation.
2. If the above mentioned property has been Information sought by the applicant through this regularised than provide me the copy of the point is that the Regularization files of P.No. same. If the regularisation department has found 8892-93, Gali Haji Wall, Naya Mohalla, Pul out any objection than also provide me the copy Bangash, Delhi-6 is available in the Bldg. of the Objection letter and if it has been already Department. The applicant can collect the registered in the regularisation department than documents from the department after depositing provide me the Reject Copy . Rs. 2-per page as per the RTI.Act.
3. On property no. 8892 and part 93, ward 76, Gali Information sought by the applicant through this Haaji waali nayaa muhalla, pool Bangra, how point is that no action has been Page 1 of 3 many times the illegal construction booking initiated by the department. Action will be 11/B/UC/SPZ , demolish action has been initiated as per the policy of the department and decided to take action and how many times it DMC Act. has been done?
4. Provide me the name and adress of the J.E & The tenure ot AEs and JEs is as under JEs: SI-I. A.E. (B) and all the responsible officials RAJESH KUMAR 07.01.11 TO appointed from 10/01/2011, who have not 14.01.11 SH. S.L.MEENA 20.01.11 TO 23.01.11 taken action on illegal construction on property SH. ARVIND MUKHRAIYA no.- 8892 and part 93 ? 24.01.11 TO 19.06.11 SH. S.L. MEENA 20.06.11 TO 22.06.11 SH. ARVIND MUKHRAIYA 23.06.11 TO 07.09.11 SH.
MOHIT SUKHIJA 08.09.11 TO 31.10.11 SH. GULSHAN KUMAR 01.11.11 TO TILL DATE AEs: SH. lU. KHAN 07.01.11 TO' 27.04.11 SH. ANUJ TAYAL 28.04.11 TO 18.05.11 l U. KHAN 19.05.11 TO TILL DATE
5. . Who has kept this Property no. 8892 part 93 The tenure ot AEs and JEs is as under JEs: SI-I. from being caught under legal action and have RAJESH KUMAR 07.01.11 TO not taken any action against this, give me their 14.01.11 SH. S.L.MEENA 20.01.11 TO 23.01.11 name, mobile no. and designation of such SH. ARVIND MUKHRAIYA officials. 24.01.11 TO 19.06.11 SH. S.L. MEENA 20.06.11 TO 22.06.11 SH. ARVIND MUKHRAIYA 23.06.11 TO 07.09.11 SH.
MOHIT SUKHIJA 08.09.11 TO 31.10.11 SH. GULSHAN KUMAR 01.11.11 TO TILL DATE AEs: SH. lU. KHAN 07.01.11 TO' 27.04.11 SH. ANUJ TAYAL 28.04.11 TO 18.05.11 l U. KHAN 19.05.11 TO TILL DATE
6. How many times police help has been asked for, No such orders passed by the department.
as to take action against the illegal construction of the above mentioned property? Provide me the copy of the notice 349 sent to the Police and the property owner as well Grounds for the First Appeal:
No reply by the PIO within the stipulated time. Order of the First Appellate Authority (FAA):
FAA ordered that the PlO to provide certified copy of all the documents including plan etc. asked for without payment of any charge.
Grounds for the Second Appeal:
Unsatisfactory reply by the PIO.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Mufti Mohd. Hneef;
Respondent: Mr. I. U. Khan, AE(B) on behalf of Mr. Subhash Dodrai, PIO & SE;
The information as per the order of the FAA has not been provided to the Appellant. The Respondent admits that the information has not been provided and has no reasons to offer for this. The Page 2 of 3 Commission notes that at the hearing of the FAA Mr. Gulshan, JE(B) SPZ was present on behalf of the PIO. The Respondent states that the person responsible for not providing the information as per the of the FAA was Mr. Gulshan, JE SPZ.
Decision:
The Appeal is allowed.
The Commission directs Mr. I. U. Khan, AE(B) to provide the complete information as per available to the Appellant before 25 May 2012.
The issue before the Commission is of not supplying the complete, required information by the deemed PIO Mr. Gulshan, JE SPZ 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 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 deemed 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. Gulshan, JE SPZ will present himself before the Commission at the above address on 30 May 2012 at 4.00pm 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. If no other responsible persons are brought by the persons asked to showcause hearing, it will be presumed that they are the responsible persons.
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 09 May 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Copy through Mr. I. U. Khan, AE(B) to:
1- Mr. Gulshan, JE SPZ & Deemed PIO
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