Central Information Commission
Mr.Harikrishnan Das Nijhawan vs Mcd, Gnct Delhi on 9 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai, New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2011/001734/13964
Appeal No. CIC/SG/A/2011/001734
Relevant Facts emerging from the Appeal:
Appellant : Mr. Harikrishan Das Nijhawan,
General Secretary,
Paardarshita Welfare Foundation (NGO)
B6/69-A, Safdargunj Enclve,
New Delhi-110029
Respondent : Mr. S. P. Sharma
PIO & Assistant Director (Vigilance) Municipal Corporation of Delhi Vigilance Department, 26th Floor, Civic Center, Minto Raod, New Delhi RTI application filed on : 04/11/2010 PIO replied : 26/11/2010, 06/06/2011 First Appeal filed on : 22/12/2010 Order of First Appellate Authority : 27/05/2011 Second Appeal received on : 28/06/2011 Information Sought:
1. Provide the certified copies with the Notesheet of All Recommendation for initiating Major Penalty/Minor Penalty Proceedings against Mr. Dilip Ramnani SE-1, South Zone, by CBI and Action taken there on by the office of Commissioners MCD and Chief Vigilance Officer MCD till date.
2. Provide the certified copies of All MCD Engineers against whom Major Penalty/ Minor Penalty Proceedings are initiated / Pending but have been posted in Vigilance Department, Building Department Quality Control as well as any other Sensitive Post at present which includes posting of Mr. Dilip Ramnani currently posted as SE- I, MCD SZ.
3. Provide the certified copies of the all recommendation received/approved, case wise, with notesheet portion, taken from the competent authorities which include the approval from the office of Commissioner MCD, where the legal services of Mr. Parag Tripathi , ASG or his ASG or his company from 01/04/2009 to 04/11/2011.
4. Provide the certified copy of all the letters received in the Commissioner Office from the office of Mr. Deepak Hastir, presently posted as Deputy Commissioner Central Zone from 01/09/2010 to 04/11/2010.Page 1 of 3
5. Provide the certified copies of all the letters received in the commissioner office from the office of Mr. Deepak Hastir, presently posted as Deputy Commissioner Central Zone where Mr. Deepak Hastir have also asked for a legal action as per provision of IPC, CrPC against any individual, company or any NGO, from 09/09/2010 to 21/09/2010.
6. Provide the certified copy of all the letters send to CLO and O&M after receipt of the above letter of point 5 and all the action taken by the official of the CLO and O&M till 04/11/2010, and provide the certified copy of the letter send to the information Commissioner CIC by the CLO and O&M or any other competent authorities till date.
7. Provide the certified copies of the list with notesheet for the transfers and postings of all engineering staffs, from the office of Commissioner MCD or any other competent authorities from 01/04/2009 to 15/11/2010, with the compliance report submitted by the concerned Deputy Commissioner, Additional Commissioner, or any other concerned authorities of MCD.
PIO's reply:
Not enclosed Grounds for First Appeal:
The Appellant is not satisfied with the reply of PIO for query No. 3 of the RTI Application.
Order of the First Appellate Authority:
The FAA directed the PIO/ Law Office to provide complete information with regard to para no. 3 and other paras related thereto to the Appellant within 15 working days and disposed of the appeal.
Grounds for Second Appeal:
The Appellant seeks complete information and is not satisfied with the further reply of PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Harikrishan Das Nijhawan;
Respondent: Mr. S. P. Sharma, PIO & Assistant Director (Vigilance);
The FAA had given a clear direction that Appellant should be provided information on whether Mr. Parag Tripathi, ASG had appeared alongwith other standing counsels for MCD in WP(c)6802/2010, Pardarshita Public Welfare Foundation Vs UOI and Others. The Appellant states that the information from Vigilance Department has been received but the information directed by the First Appellate Authority has not been provided.
Decision:
The Appeal is allowed.
PIO, Law Office is directed to provide the information as mentioned above to the Appellant before 30 August 21011.
The issue before the Commission is of not supplying the complete, required information by the PIO, Law Office within 30 days as required by the law. From the facts before the Commission it appears that the PIO, Law Office is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial of Page 2 of 3 information may also be malafide. 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. PIO, Law Office will present himself before the Commission at the above address on 05 September 2011 at 10.30am 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. 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 August 2011 (In any correspondence on this decision, mentioned the complete decision number.) (JV) Copy to PIO, Law Office through Mr. S. P. Sharma, PIO(Vigilance) Page 3 of 3