Central Information Commission
Sunil Bhalla vs Delhi Development Authority on 31 August, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
CIC/DDATY/C/2017/106355
Date of Hearing : 14.06.2018
Date of Decision (INTERIM) : 14.06.2018
Date of Final Decision : 21.08.2018
Appellant/Complainant : Sunil Bhalla
Respondent : 1. PIO/Dy. Director-(Admn.) North-
West,
DDATY, O/o. the Director-
(Horticulture)/North-west
2. PIO/Dy. Director-(Hort.-III),
DDATY, Horticulture Division
Through:- Mr. Satyendra Pal
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 16.09.2016
CPIO replied on : - -
First Appeal filed on : 18.12.2016
First Appellate Order on : - -
2ndAppeal/complaint received on : 31.01.2017
Information soughtand background of the case:
Vide RTI application dated 16.09.2016, the complainant sought information regarding DDA Park opposite North Delhi Municipal Corporation, Pratibha School, Sayed Village, LIC Colony, Sunder Vihar, New Delhi :-
1. Park is in very bad condition and remains unattended and neglected.
Whether the said park has been handed over to North Delhi Municipal Corporation.
2. If yes, inform date on which the said park was handed over to NDMC.
3. If not handed over to NDMC, provide reasons of not maintaining the park by DDA.
Dy. Director(Admn.), Directorate of Hort.(North-West) vide letter dated 23.09.2016 forwarded the RTI application to the PIO/Dy. Director(Hort.)-III, DDA .
Being dissatisfied, the complainant filed first appeal and same remained unheard. Feeling aggrieved as not received asked information, the complainant filed a complaint to the Commission.
Relevant facts emerging during hearing:
Both parties are present for the hearing. Complainant states that despite filing repeated applications and reminders, no response was received from Dy. Dir. Horticulture, DDA.
The Respondent/PIO, Dy. Dir. Horticulture-III present during the hearing submits a written communication dated 13.06.2018 attaching therewith a reply dated 25.02.2017 whereby the appellant had been duly informed that the park is maintained neat and clean and not transferred to North MCD, but maintained by DDA.
Interim Decision After perusal of relevant records and hearing averments of the parties, the Commission notes that the Dy. Dir. Horticulture should have taken cognisance of such issues about maintenance of parks on his own, as a matter of his official responsibility. However, it is unfortunate that despite bringing it to his attention, by RTI application dated 16.09.2016, he furnished a cursory response dated 25.02.2017 which did not even reach the applicant.
Examination of records of the case reveal that the RTI application dated 16.09.2016 was transferred by Dy. Director (Admn.), Directorate of Hort.(North-
West) vide letter dated 23.09.2016 to the PIO/Dy. Director(Hort.)-III, DDA. However, the Dy. Director, Horticulture-III seems to have received the RTI application only on 14.02.2017 and responded on 23.02.2017. The reply dated 23.02.2017 was not received by the applicant.
In view of the facts of the case, as discussed above, the Commission directs that queries of the applicant require that the instant appeal be converted into Appeal. The current PIO/ Dy. Director(Hort.)-III, DDA - Sh. Satyendra Pal is hereby directed to do the following:
i) furnish Complete Action Taken Report with respect to the maintenance of park located at LIC Colony, Sunder Vihar, to the appellant within one week of receipt of this order, marking a copy of the same to the Commission within 06.07.2018;
ii) submit a detailed affidavit on a non judicial stamp paper, by 06.07.2018 explaining the cause of delay in transmission of the RTI Application forwarded on 23.09.2016 to the O/o Dy. Director Hort.-III on 14.02.2017 (after 5 months) and reason for non receipt of the response dated 23.02.2017 till date by the appellant.
The Commission shall take a final decision in the matter upon perusal of the Affidavit from Sh. Satyendra Pal-Dy. Director, Horticulture-III. In the event of non compliance of either of the aforementioned directions, the Registry shall initiate non compliance proceedings against PIO/ Sh. Satyendra Pal-Dy. Director, Horticulture-III, DDA.
Final Decision: 21.08.2018
1. The Respondent has submitted certain documents, viz. a covering letter dated 16.07.2018; an affidavit dated 16.07.2018 and a letter dated 11.07.2018 purportedly the Action Taken Report.
2. The affidavit was directed to be filed by 06.07.2018 and is clearly filed belatedly, without furnishing any reason for the delay. Extracts from the affidavit are as follows:
".......1. I am the respondent in the aforesaid case and fully aware of the facts of the case.
2. It is stated that the RTI Application of Shri Sunil Bhalla, 16.09.2016, duly forwarded by Dy. Director (Admn.) on dated 23.02.2016 was received in the office of the PIO/Dy. Director (Hort.)-3 on dated 26.09.2016 as per record available in this office.
3. The reply of RTI Application was sent to Sh. Sunil Bhalla, Applicant vide Letter No. 10(9)/RTI/2016-17/Hort.- III/DDA/3904 dated 25.02.2017.
4. The Concerned PIO/Dy. Director Hort.-III, Sh. Deena Nath was posted w.e.f 26.09.2017 to 24.02.2017 who was retired on 31.07.2017 from DDA..."
3. Perusal of the letter dated 11.07.2018, issued by Sh. Satyendra Pal, Dy.
Director(Hort.) reveals as follows:
"...The action taken report in respect maintenance of park located in LIC Colony, Sunder Vihar is as under:-
1. The park has been fully developed with grassing plantation, walking track with 1 No. tube well for irrigation purpose of par and at present park is maintain in good condition..."
4. The Affidavit as discussed above thus suffers from i) delay of 10 ten days,
ii) without assigning any reason, iii) contents of paragraph 2 are inconsistent, incoherent and incorrect, since RTI application dated 16.09.2016 is stated to have been forwarded on 23.02.2016 by the Dy. Director (Admn.), which makes no sense at all. The Commission had directed the filing of the Affidavit for a specific purpose; viz. explaining the cause of delay in transmission of the RTI Application forwarded on 23.09.2016 to the O/o Dy. Director Hort.-III on 14.02.2017 (after 5 months) and reason for non receipt of the response dated 23.02.2017 till date by the appellant. The contents of the affidavit fail to explain the specific issue as directed by the Commission and this amounts to deliberate obstruction of the disclosure of specific information, despite specific directions of the Commission. Thus the Commission is constrained to seek explanation from Sh. Satyendra Pal-Dy. Director, Horticulture-III for deliberate and wilful non disclosure of facts in contravention of specific directions of Commission. Registry of this Bench is thus directed to issue SHOW CAUSE NOTICE upon Sh. Satyendra Pal-Dy. Director, Horticulture-III to explain why maximum penalty should not be imposed upon him for intentional non compliance of the specific directions of the Commission. Reply to the Show Cause Notice shall be submitted by the Noticee atleast one week prior to the scheduled date of show cause hearing.
(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.
(R.P. Grover) Designated Officer