Central Information Commission
Shri.Sachin Sapra vs Mcd, Gnct Delhi on 25 January, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/003348/17081
Appeal No. CIC/SG/A/2011/003348
Relevant Facts emerging from the Appeal:
Appellant : Mr. Sachhin Sapra,
F-18, Blacklane Rajouri Garden,
New Delhi-110027
Respondent : Mr. V. S. Yadav
PIO & Asstt. Commissioner,
Municipal Corporation Delhi, WZ,
Vishal Enclave, MCD Zonal Office,
New Delhi-110027
RTI application filed on : 03/07/2011
PIO replied on : 01/10/2011 (after FAA's order)
First Appeal filed on : 05/08/2011
First Appellate Authority order of : 13/09/2011
Second Appeal received on : 22 /11/2011
Information sought:
1. Please provide following details of de-silting of storm water drains (3-4 feet wide drains) work taken up in F Block Rajouri Garden (3 lanes from plots abutting F-1 to F 115) in year 2011 before onset of 2011 monsoon:-
a) Date of commencement and completion of above work.
b) Above work carried out by MCD or was it outsourced on contract.
c) If work done on contract then please provide details of tender including details of award of tender.
d) How many workers/labourers/engineers were used for above work?
e) How much expenditure was done one above work?
f) What is the proof that above work has been done?
g) Which officer in MCD is responsible for above work?
2. Provide above details (a) to (f) of de-silting of storm water drains (3-4 feet wide drains) work taken up in F Block Rajouri Garden (3 lanes from plots abutting F-1 to F 115) in year 2010.
3. Provide above details (a) to (f) of de-silting of storm water drains (3-4 feet wide drains) work taken up in F Block Rajouri Garden (3 lanes from plots abutting F-1 to F115) in year 2009.
4. Provide above details (a) to (f) of de-silting of storm water drains (3-4 feet wide drains) work taken up in F Block Rajouri Garden (3 lanes from plots abutting F-1 to F 115) in year 2008.
5. Provide above details (a) to (f) of de-silting of storm water drains (3-4 feet wide drains) work taken block wise in Rajouri Garden in year 2011.
6. Provide names, photographs and attendance (year 2011 till date) of safai-karamcharis who are responsible for cleaning back lane of plot nos. F-1 to F-19 Rajouri Garden? What are their sweeping timings and number of holidays in a month?
Reply of Public Information Officer (PIO):
The PIO, vide letter dated 01/10/2011 enclosed the reply/report received from SS/WZ dated 06/09/2011, which was as follows:Page 1 of 3
1. (a+b) Cleaning work of F-1 to F-15 drain system of Rajouri Garden was started on April 2011 and by June 2011 all work have been completed and this work goes on in routine also. This work has been done in September-2011.
(c) No contract base.
(d) No tender was given. Cleaning work have been done by workers of DEMS/MC
(e) Officer Responsible- Area ASI & SI.
2. (2-4) in year 2008, 2009, 2010 cleaning work of drains and latish have also been done by municipal officers.
5. Cleaning work of drains and latish of each block of Rajouri Garden have almost been completed. And this work goes on as routine work.
6. Shri Raj Kumar Bhartu is employed as cleaning worker for F-1 to F-19 Black line Rajouri Garden. Photograph and attendance till 2011 of the worker have been annexed.
• Sweeping time- 6:30am- 2:30pm.
• Holiday in month- Sunday.
Permission for cleaning of drains and latish have been given by residents in written form and also signed by them and Shri Sachine Sapra himself signed the letter which is also attaches here.
Grounds for First Appeal:
No information provided by PIO.
Order of First Appellate Authority (FAA):
"...The appellant informed that he has not received the reply in respect of his RTI application which was sent by him online. The PlO/AC/WZ is directed to send the complete reply to the appellant within 15 days' time. The PIO must note that in future the reply must reach to the applicant within the stipulated time otherwise action will be taken against him."
Grounds for the Second Appeal:
The Appellant has raised the following objections:
As regards point 1, reply to 1 d) and 1 f) has not been provided. Reply that de-silting work has been completed was false as the Appellant himself had handed over a letter to Mr. Mahesh Kumar, ASI that work had not been completed.
In relation to points 2 to 5, specific replies to a) and f) are not provided. As regards point 6, photograph, copy of attendance sheets for 2011, holidays in a month not provided.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Sachhin Sapra;
Respondent: Mr. V. S. Yadav, PIO & Asstt. Commissioner; and Mr. D. K. Gautam, CSI;
The Appellant had filed an online RTI application on 03/07/2011 but the information was provided to him only on 03/10/2011. The Appellant admits that he has received all the information satisfactorily but states that he should be compensated for the delay. The Respondent explained that the RTI application should have printed and sent by Dealing Assistant (RTI) Mr. Nagraj and Zonal Superintendent Mr. Dabas who are incharge of RTI cell. He states that these people sent the printed RTI application to the Deemed PIOs only on 05/09/2011.
The Commission accepts that the Appellant has been harassed unnecessarily since Mr. Nagraj and Mr. Dabas took two months to take printout from an Email. Such behavior shows that people dealing with emails are dealing with it as people who would have worked a century back.Page 2 of 3
Decision:
The Appeal is allowed.
The information has been provided.
The issue before the Commission is of not supplying the complete, required information by the deemed PIOs Dealing Assistant (RTI) Mr. Nagraj and Zonal Superintendent Mr. Dabas within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIOs are 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.
It appears that the deemed PIOs actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to them, and they are directed give their reasons to the Commission to show cause why penalty should not be levied on them.
Dealing Assistant (RTI) Mr. Nagraj and Zonal Superintendent Mr. Dabas will present themselves before the Commission at the above address on 09 February 2012 at 03.30PM alongwith their written submissions showing cause why penalty should not be imposed on them as mandated under Section 20 (1).
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 25 January 2012 (In any correspondence on this decision, mention the complete decision number.)(AS) Copies through Mr. V. S. Yadav, PIO & Asstt. Commissioner:
1- Mr. Nagraj, Dealing Assistant (RTI)
2- Mr. Dabas, Zonal Superintendent
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