Central Information Commission
Mrdeepak Chhabra vs Mcd, Gnct Delhi on 1 July, 2015
CENTRAL INFORMATION COMMISSION
August KrantiBhawan, BhikajiCama Place,
New Delhi-110066
F.No.CIC/YA/A/2014/003340
F.No.CIC/YA/A/2014/003342
F.No.CIC/YA/A/2014/003246
F.No.CIC/YA/A/2014/002468
Date of Hearing : 01.07.2015
Date of Decision : 01.07.2015
Appellant : Shri Deepak Chhabra
Delhi
Respondent : Shri Vinod Bansal, AE(B)/SPZ
North Delhi Municipal Corporation Delhi Information Commissioner : ShriYashovardhan Azad Relevant facts emerging from appeals:
RTI application filed on : 07.07.2014, 25.06.2014 & 23.04.2014 PIO replied on : No reply First Appeal filed on : 11.08.2014 & 09.06.2014 First Appellate Authority (FAA) order on : 11.09.2014 & 26.06.2014 Second Appeal received on : 10.12.2014, 02.12.2014 & 11.09.2014 Both parties are present. As both the parties are same in the abovementioned appeals, the cases are being heard and decided together, to avoid multiplicity of proceedings.
F.No.CIC/YA/A/2014/003340 The appellant filed an RTI application dated 07.07.2014, seeking information on 6 points regarding illegal construction at property no. 11317, Gali Rahmat Wali, Idgah Road, Sadar Thana, Near MCD Office, S.P. Zone, Delhi. On not receiving any response from the PIO within the prescribed time period, appellant filed first appeal. The FAA in his order directed PIO to furnish the reply to the appellant within 10 days and also warned the PIO/EE(B)/SPZ to be careful in future for furnishing information within the stipulated time period.
The appellant stated that initially no reply was received from the PIO within the stipulated time and after the order of the FAA, the PIO denied providing the information stating that an NGO cannot seek information. He stated that till date no information has been furnished to him.
F.No.CIC/YA/A/2014/003342 The appellant filed an RTI application dated 07.07.2014, seeking information on 8 points regarding illegal construction at property no. 11321, Gali Rahmat Wali, Idgah Road, Sadar Thana, Near MCD Office, S.P. Zone, Delhi. On not receiving any response from the PIO within prescribed time period, appellant filed first appeal. The FAA in his order directed PIO/EE(B)/SPZ to furnish the reply to the appellant within 10 days and also warned the PIO to be careful in future for furnishing information within the stipulated time period.
The appellant re-iterated and stated that PIO denied the information stating that an NGO cannot seek information.
F.No.CIC/YA/A/2014/003246 The appellant filed an RTI application dated 25.06.2014, seeking information on 6 points regarding illegal construction at property no. 10955, Partap Building Material, Gali Kumar Wali, Idgah Road, Sadar Thana, Near MCD Office, S.P. Zone, Delhi. On not receiving any response from the PIO within prescribed time period, appellant filed first appeal. The FAA in his order directed PIO/EE(B)/SPZ to furnish the reply to the appellant within 10 days and also warned the PIO to be careful in future for furnishing information within the stipulated time period.
The appellant re-iterated his submissions as mentioned in the above cases.
F.No.CIC/YA/A/2014/002468 The appellant filed an RTI application dated 23.04.2014, seeking information on 10 points regarding action taken on his complaint no. 2835 dated 03.03.2014 regarding illegal construction at property no. 10956, Partap Building Material, Gali Kumar Wali, Idgah Road, Sadar Thana, Near MCD Office, S.P. Zone, Delhi. On not receiving any response from the PIO within prescribed time period, appellant filed first appeal. The FAA in his order directed PIO/EE(B)/SPZ to furnish the reply to the appellant within 10 days and also warned the PIO to be careful in future for furnishing information within the stipulated time period. The appellant re-iterated his submissions as mentioned in the above cases. He stated that several complaints have been filed regarding these unauthorised constructions, but the respondent authority has not taken any action on the same. He stated that the matter has also been taken up with the Public Grievance Commission. He stated that Property bearing no. 10956 has been booked and that a cosmetic action for demolition on the third floor was taken by the respondent authority on 03.12.2014.
The respondent stated that information was not provided because the appellant was seeking the same on behalf of his NGO. On query by the Commission as to who were the erstwhile PIO and AE, the respondent stated that he was the AE even then, and that Shri S.R. Meena was the erstwhile PIO/EE(B)/SPZ.
Decision:
After hearing the parties and on perusal of record, the Commission finds that the PIO's denial for providing information, stating that the appellant is seeking information on behalf of an NGO, is without any merit.
Section 3 of the RTI Act stipulates that all citizens shall have the right to information. It confers such right on a distinct individual who is a citizen of India. In the instant case, the mere fact that the appellant has given his corresponding address in the name of his NGO does not mean that he has not filed the same as a citizen of India and cannot seek information under the RTI Act. The appellant while filing the RTI application, as a citizen, is free to inform the PIO about his corresponding address and his designation/position that he might be holding. The Commission is of the view that so long the RTI application is signed by an individual who is a citizen of India, then notwithstanding the capacity in which such application is filed, it shall be valid.
It is apparent from the perusal of the available record that the PIO has clearly evaded from the issue of taking action on unauthorised construction, mentioned by the appellant. Initially, there was no reply to the appellant in response to his RTI applications and then, in compliance of the FAA's order, information was denied to him stating that information cannot be sought on behalf of an NGO. The Commission finds it a fit case of deliberate denial of information.
Therefore, Show cause notice is issued to Shri S.R. Meena, erstwhile PIO/EE(B)/SPZ, in all the abovementioned appeals, as to why penalty should not be imposed on him u/s 20 RTI Act, 2005, for not providing information to the appellant, despite the FAA's orders. The current PIO/EE(B)/SPZ is directed to serve this notice, along with a copy of this order, on Shri S.R. Meena, erstwhile PIO, at his current place of posting or residential address, as the case may be, within two weeks of receipt of this order, under intimation to the Commission, failing which it will be construed that he is the only person responsible for not providing information to the appellant as sought in his RTI application. Written submission, if any, should be filed before the Commission, latest by 30.07.2015 positively. A copy of this order shall also be sent to other persons responsible for not providing the information to the appellant, under intimation to the Commission.
As for providing the information to the appellant, the Commission directs PIO/EE(B)/SPZ to provide consolidated action taken reports, along with relevant documents to substantiate the same, in response to all the four RTI applications dt. 07.07.2014, 25.06.2014 & 23.04.2014 seeking information on Properties bearing Nos. 11317 & 11321, Gali Rahmat Wali and 10955 & 10956, Partap Building Material, Gali Kumar Wali, as per available record. If no action has been taken, the same is to be intimated. This information shall be provided to the appellant within four weeks of receipt of this order, under intimation to the Commission.
With these observations, the appeals are disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Public Information Officer under RTI First Appellate Authority under RTI Executive Engineer-(B) / S. P. Zone, Superintending Engineer / S. P. Zone, North Delhi Municipal Corporation, North Delhi Municipal Corporation, Building Department, Sadar-Paharganj Zone, Engineering Department, S. P. Zone, Old Building, Room No.-30, 2nd Floor, Old Building, Room No.-22, 1st Floor, Sadar Thana, Idgah Road, Delhi-110006.
Sadar Thana, Idgah Road, Delhi-110006.
Public Information Officer under RTI Shri Deepak Chhabra Assistant Engineer-(B) / S. P. Zone, House No. - 487, North Delhi Municipal Corporation, Nimri Colony, Building Department, S. P. Zone, Ashok Vihar, Phase-4, Old Building, Room No.-30, 2nd Floor, Delhi-110052. Sadar Thana, Idgah Road, Delhi-110006.