Central Information Commission
Gian Singh vs Mcd on 9 April, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MCDND/C/2023/138899
Gian Singh ....िशकायतकता /Complainant
VERSUS
बनाम
PIO,
Asst. Commissioner,
Municipal Corporation of
Delhi, South Zone, Green Park,
New Delhi - 110016 .... ितवादीगण /Respondent
Date of Hearing : 08.10.2024
Date of Decision : 10.10.2024
Date of SCN hearing : 18.03.2026
Date of SCN Decision : 09.04.2026
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 27.06.2023
CPIO replied on : N.A.
First appeal filed on : N.A.
First Appellate Authority's order : N.A.
2nd Appeal/Complaint dated : 20.09.2023
Information sought:
The Complainant filed an RTI application dated 27.06.2023 seeking the following information:
Please provide / supplying information / certified copies of documents under RTI Act- 2005 in r/o News Items in Times of India June 2, 2023 under caption "Mayor Directs Officials to complete desilting of MCD CIC/MCDND/C/2023/138899 Page 1 of 9 drains by June 15 and our complaint to Hon'ble Mayor of Delhi on dated 28.03.2023, 10.05.2023 and thereafter on 03.06.2023 reg:-sub:- Desilting of Nala / Drains in C- Block Sangam Vihar (Regd. No. 656) ward No. 161 Devli South Zone, Municipal Corporation of Delhi.
Please provide/supply information/certified copies of documents of action taken so far by the Mayor's Office/by the Hon'ble Mayor herself on our repeated complaints regarding Desilting of drains in C-Block Sangam Vihar as per our complaints."
Having not received any response from the CPIO, the complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing on 08.10.2024:
The following were present:-
Complainant: Present in person.
Respondent: Not present.
The Commission has passed the following observations and directions on 10.10.2024:
"Complainant stated that no reply has been received from the respondent till date except a letter dated 22.09.2023 vide which Assistant Commissioner, South Zone, MCD, Delhi forwarded his complaint to Executive Engineer (M)-III/ SZ for necessary action and furnishing reply to appropriate authority.
The Commission, after adverting to the facts and circumstances of the case, and perusal of the records notes that the instant matter is a complaint under the RTI Act, where no further direction for disclosure of information can be given in the light of the judgement decision of the Hon'ble Supreme Court in the case of Chief Information Commissioner and another Vs. State of Manipur & Another reported in MANU/SC/1484/2011 : AIR 2012 SC 864.
The role of CIC is restricted only to ascertain if the information has been denied with a mala-fide intention or due to an unreasonable cause. Here, the Commission observes that over a period of one and half year has elapsed from the date of RTI application, yet no reply has been given CIC/MCDND/C/2023/138899 Page 2 of 9 to the complainant as per available records. Further, the Respondent did not participate in the hearing. Accordingly, the Commission expresses severe displeasure on the conduct of the concerned PIO for neither providing any reply nor participated in the hearing and therefore, he/she is being called upon to show cause. The act of the concerned PIO, tramples upon the citizen's right under the RTI Act as well as shows lack of respect towards the Commission.
In view of the above, inaction on their part is prima facie established and therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice to concerned PIO i.e. Assistant Commissioner, South Zone and Executive Engineer (M)-III/ South Zone, MCD, Green Park, New Delhi to whom complaint under reference was transferred. The PIOs shall explain in writing as to why action should not be initiated against them under Section 20(1) and 20(2) of the RTI Act for the foregoing reasons, written explanation of the PIOs should reach the Commission within four weeks from the date of receipt of this order. A copy of this order is marked to the FAA who shall ensure that a copy of this order is received by the erring PIOs. The FAA is further directed to ensure that under all circumstances, written submissions of the erring PIOs should reach the Commission within four weeks from the date of receipt of this order, failing which proceedings will be held ex-parte. The FAA shall inform the Commission the name/names of the PIO at the relevant time who was/were supposed to give reply and the name of PIO who did not appear in the hearing.
The FAA shall ensure compliance with this order."
Show-Cause proceedings Relevant Facts emerged during Show-Cause proceedings held on 18.03.2026:
1. The following were present:-
Complainant: Shri Subhash Tyagi, appeared on behalf of the Appellant in person.
Respondent: Shri Prahlad, APIO/Administrative Officer and Shri Sushil Rawat, Assistant Sanitation Inspector, appeared in person.
2. The Representative of the Complainant inter alia submitted that satisfactory response was not satisfied with the reply given by the Respondent CIC/MCDND/C/2023/138899 Page 3 of 9 Authority as desired information was not provided to the Complainant. He pleaded that nothing was done in respect of the complaint referred in the RTI application.
3. The Respondent Shri R.C. Meena, SE/NZ, Kesav Puram Zone, the then Executive Engineer(M-III) filed a written submission dated 22.11.2024 stating as under:
I, R. C. Meena presently working as Superintending Engineer (Project)/ Narela & Keshav Puram Zone. I was working as EE(M-III)/ SZ in year 2023 and relieved from there on 11.09.2024.
The applicant Dr. Gian Singh, R/o C-585, Sangam Vihar, New Delhi-110080 submitted his RTI application in the office of Assistant Commissioner (CPIO), South Zone, Green park at diary no. 83/AC/SZ dated 26.04.2023 (Copy enclosed) which was further received in the office of EE(M-III)/ SZ at diary no. 360/ EE(M-III)/SZ dated 04.05.2023 and the same was marked to Sh. J. S. Rana, APIO/ Assistant Engineer-I/ Nodal officer-I (Nodal officer for RTIs) on the same day i.e. 04.05.2023 for submitting the reply.
As the cleaning of said drain of Sangam Vihar was not under the jurisdiction of EE(M-III)/ SZ hence, accordingly the said RTI was transferred to EE(DEMS)/ SZ, Green Park with a copy to the applicant for his information vide no. EE/M- III/SZ/MCD/2023-24/RTI/D-05 dated 10.05.2023 (Copy enclosed).
Further, the DEMS department, South Zone had sent reply of the said RTI to the applicant vide letter no. SS/SZ/RTI/2023/D-364 dated 06.07.2023 (Copy enclosed) mentioning that cleaning of the said drain is done in routine as and when required.
Further, the undersigned issued instructions to Sh. J. S. Rana, APIO/ Assistant Engineer-I/ Nodal officer-I for urgent compliance of the directions of FAA vide no. SE-II/SZ/2023-24/D-115 dated 18.07.2023 (Copy enclosed) in this matter and accordingly, a revised reply was sent to the applicant vide no. APIO-I/M- III/SZ/MCD/2023-24/RTI/D-50 dated 11.10.2023 (Copy enclosed).
In view of above, it is submitted that the undersigned discharged his duties as PIO/EE(M-III)/SZ in a sincere manner however, the undersigned had already been relieved from the charge of EE(M-III)/ SZ on 11.09.2024 i.e. before the hearing in this matter in hon'ble CIC on dated 08.10.2024. Accordingly, it is humbly requested that the said show cause notice may kindly be withdrawn. It CIC/MCDND/C/2023/138899 Page 4 of 9 is also submitted that the undersigned apologizes for the lapses (if any), remained un-noticed due to exigencies of official burden."
4. Shri Ashish Kumar, Assistant Commissioner, South Zone/PIO, Green Park, vide letter dated 29.11.2024 filed a written submissions stating as under:
"Appellant Sh. Gian Singh R/o C-585, Sangam Vihar, New Delhi-110080, filed in RTI on 27.06.2023, for seeking information.
The RTI was transferred to AC/DEMS on 27.09.2024 and EE(M)-III/SZ on 22.10.2022 for providing the necessary information to the appellant. Not satisfied with the reply, he filed second appeal before the CIC on 20.09.2023.
On pursuant of records, it is submitted that applicant did not file First Appeal before the First Appellate Authority (FAA), and directly approached to CIC before the decision of the FAA from, Zonal Office, Green Park.
On 04.10.2023, the RTI was transferred to DSIIDC, Main Ring Road, 3rd Floor, Old MCD Property Tax Building, Lajpat Nagar-III, New Delhi-110024 by the DEMS, South Zone. As per report of DEMS/SZ and Maintenance Deptt./SZ the said Nalla was constructed by DSIIDC and not handed over to MCD till date.
Accordingly, the same orders of Hon'ble Commission vide dated 30.10.2024 pertains to DSIIDC and for providing the reply/information to the appellant in respect of desilting of nallah/drains in C-Block, Sangam Vihar, New Delhi- 110080 is transferred to DSIIDC.
Regarding the appeal filled by the appellant on the ground that no reply was provided by the department against the RTI, in the context, it is to submitted that we had already given the reply to the appellant and well intimated before as and when we transferred the RTI to concerned Department.
With respect to the hearing notice, CIC/MCDND/C/2023/138899 dated- 23.09.2024, in which the hearing fixed for 08.10.2024 at 12:30 PM, but the same got mixed up in papers/files and could not be brought in the notice of the PIO to take desired action i.e. to appear in person in the hearing and brief the status of the case.
On account of the facts and circumstance narrated above, the undersigned renders unconditional apology for non-compliance of the direction of the Hon'ble commission. Besides, it is also submitted that the staff and official dealing with the RTI matter have been sensitized and toned up for ensuring strict adherence to the time lines stipulated in the RTI Act."CIC/MCDND/C/2023/138899 Page 5 of 9
5. Further, the Respondent submitted that a reply was sent to the RTI application vide letter dated 06.07.2023 stating as under:
"Application Under RTI Act 2005 dated 24/04/23 DA/RJ/SZ dated 28/06/2023 के स भ म ीकरण इस कार है की Ward No. 161 दे वली C, Block नाला है I यह maintainance J.E. Ward No. 161 एवं Sanitation Department W No. 161 के ारा िकया जाता है I नाला की सफाई का काय होता रहता है I"
6. In addition to the above, Shri Kshitij Sharma, Assistant Commissioner, MCD, South Zone, Green Park, vide letter dated 10.03.2026 submitted to the Commission as under:
The appellant filed an RTI regarding de-silting of nallah/drains in C-Block, Sangam Vihar, W. No. 161, Delhi South Zone.
Subsequently, the RTI was sent to the Sanitation Inspector (S.I.), Ward No. 161, Delhi, regarding the status of the complaint RTI.
The S.I. (Sanitation Inspector) in his report clearly indicated that the nallah was constructed by DSIIDC covered with slabs. Hence, the responsibility of cleaning of the nallah is with the part of DSIIDC. "A".
After the report of S.I., W. 161, the RTI was same transferred to DSIIDC for necessary action at their end. "B".
It is also submitted that the appellant directly approached the CIC without filing the 1st appeal before the FAA/SZ and directly filed the 2nd appeal before the CIC.
With regard to the Show Cause Notice issued by the Hon'ble Commission for not providing the information to the appellant, it is to submit that the Department had already given the reply to the appellant and well intimated before as and when the Department transferred the RTI to concerned department.
On the account of the facts and circumstances narrated above, the undersigned tenders unconditional apology for non-compliance of the directions of the Hon'ble Commission and also submitted that the staff and CIC/MCDND/C/2023/138899 Page 6 of 9 official dealing with the RTI matter have been sensitized and turned up for ensuring strict adherence to the timelines stipulated in the RTI Act."
7. Further, PIO/Executive Engineer, M-III, South Zone vide letter dated 16.03.2026 filed as written submitted to the Commission, content of the same are reproduced as under:
"It is pertinent to mention here that this particular drain of C block Sangam Vihar falls under the jurisdiction DSIIDC / I&FC department. The same drain was constructed and maintained by the DSIIDC/ I&FC department. EE-M-III/SZ division of MCD department has no role in the cleaning and maintenance of the above said drain. It is also submitted that the appellant directly approached the CIC without filing the 1st appeal before the FAA/SZ and directly filed the 2nd appeal before the CIC Concerned department in reference to the show cause notice by the Hon'ble Commission for not providing the information to the appellant it is to be submitted that the office of the Assistant Commissioner, South Zone had already given the reply to the appellant and well intimated before as and when the department transfer the RTI to the concerned department i.e. DSIIDC.
In view of the above facts and circumstances narrated above, the undersigned tenders unconditional apology for non-compliance of the directions of the Hon'ble Commission and also submitted that the staff and official dealing with the RTI matter have been sensitized and turned up for ensuring strict adherence to the timelines stipulated in the RTI Act."
Decision in respect of Show-Cause proceedings:
8. The Commission, after adverting to the facts and circumstances of the case, hearing the submissions of the parties during the show-cause proceedings, and upon perusal of the written explanations placed on record, notes that the Respondent Public Authority has satisfactorily explained the sequence in which the RTI application was dealt with.
9. From the records, it emerges that the RTI application was initially received in the office of the Assistant Commissioner, South Zone and was thereafter, transferred to the concerned engineering and sanitation wings, and subsequently to DSIIDC, based on the understanding of the respective officers regarding the actual jurisdiction over the drain in question. The replies filed by CIC/MCDND/C/2023/138899 Page 7 of 9 the then Executive Engineer (M-III), Assistant Commissioner, and the present officers indicate that the concerned nala/drain was understood at different stages to fall under the maintenance jurisdiction of the Sanitation Department, Engineering Department, and later DSIIDC/I&FC Department.
10. The Commission further observes that the delay and confusion in furnishing a precise response appears to have arisen primarily on account of lack of clarity regarding the exact jurisdiction and maintenance responsibility of the concerned drain, rather than any deliberate or mala fide denial of information. The Respondent officers have also tendered unconditional apology for the procedural lapses and non-appearance during the earlier hearing, while explaining that replies/transfers had been made from time to time to the authority believed to be concerned.
11. In view of the above explanation and considering that the matter involved inter-departmental uncertainty regarding ownership, maintenance and desilting responsibility of the nala, the Commission is of the considered opinion that no mala fide intention or deliberate obstruction is established warranting penal action under Section 20(1) of the RTI Act. Accordingly, the show cause notices issued to the then concerned PIOs/officials are dropped.
12. However, the Commission cannot ignore the fact that the instant RTI application kept moving from one office to another, with each office shifting the responsibility upon the other, causing avoidable hardship to the citizen in identifying the correct public authority. Such ambiguity defeats the objective of transparency and ease of access to information contemplated under the RTI Act.
Advisory
13. In view of the above, the Commission advises the Respondent Public Authority, particularly the Municipal Corporation of Delhi and all concerned zonal/departmental wings, to clearly demarcate and place in the public domain the jurisdiction, territorial limits, subject-wise responsibilities, and infrastructure owned and maintained by them, area of work of each wing such as engineering, sanitation and maintenance wing, including matters handled by parallel agencies such as DSIIDC and I&FC, on their official website and office notice boards. This exercise shall enable citizens to approach the appropriate CIC/MCDND/C/2023/138899 Page 8 of 9 authority at the first instance and shall also minimize unnecessary transfer of RTI Applications under Section 6(3) of the RTI Act.
14. The Commission expects the competent authority to take necessary administrative steps in this regard within a reasonable period for better facilitation of citizens and effective RTI compliance.
15. The Respondent PIOs/FAAs are directed to place a copy of this order before the Competent Authority for its compliance.
The matter stands disposed of accordingly.
Sd/-
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) Sd/-
(S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy to:
First Appellate Authority, Suptd. Engg. (Civil)-II, South Zone (SE-II), under Sewa Nagar, Flyover, South Zone, New Delhi- 110003.CIC/MCDND/C/2023/138899 Page 9 of 9
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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