Central Information Commission
Siddharth Silwal vs Gnctd on 19 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मनु नरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No.: CIC/GNCTD/A/2023/616229
Siddharth Silwal .....अपीलकर्ाग/Appellant
VERSUS
बनाम
PIO,
South Delhi Municipal Corporation,
Room No.27, 1stFloor, Zonal
Office SDMC South Zone, Green
Park, New Delhi - 110016 ....प्रनर्वािीगण /Respondent
Date of Hearing : 07.06.2024
Date of Decision : 18.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 10-01-2023
PIO replied on : Not on record
First appeal filed on : 21-02-2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 28-03-2023
Information sought:
The Appellant filed an RTI application dated 10.01.2023 seeking the following information:1
"A legal notice dated 23.12.2022 was issued to The Commissioner, MCD and The Deputy Commissioner, MCD informing about the damage caused to the rain/ storm water drain due to the construction being carried out at M-35, Marg-49, Saket, New Delhi - 110030. It was also informed that the choking of the rain/ storm water drains by the construction material. In this regard, kindly provide the following information:
1. Please provide the action/ investigation undertaken by the competent authority regarding the damage caused to the rain/ storm water drain.
2. Please provide the action taken by the competent authority against the damage caused to the rain/ storm water drain.
3. Please provide the internal noting sheet regarding the steps and action taken by the competent authority against the damage to the rain/ storm water drain.
4. Please confirm whether the damage caused to the storm/ rainwater drain has been repaired and that the construction material from the storm/ rainwater drain stands removed."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 21.02.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing on 13.12.2023:
The following were present:-
Appellant: Represented by Advocate Shivani Sharma present in person. Respondent: Not present.
Order on 18.12.2023:
"The Commission at the outset takes grave exception to the fact that no reply has ever been provided by the concerned PIO of the Respondent Public Authority to the Appellant in terms of RTI Act.2
In addition to the above, absence of the PIO during hearing without intimating any reasons thereof and also non-submission of any written submission in response to instant case reflects on his/her disregard for the proceedings of the Commission. Moreover, such misconduct of the incumbent PIO tantamount to causing unwarranted obstruction to the Appellant's right to information and also is in grave violation to the provisions of RTI Act.
In view of the above, the concerned PIO O/o. SDMC, South Zone, Green Park, New Delhi is hereby directed to send written explanation to show cause to the Commission as to why action should not be initiated against him/her under Section 20 of RTI Act for not providing timely response upon receipt of RTI Application and also for his/her absence during the hearing. The aforesaid written explanation of PIOs along with supportive documents, if any should reach the Commission within two weeks from the date of receipt of this order.
Lastly, the PIO is directed to provide a point-wise reply along with relevant available information in response to instant RTI Application, free of charge to the Appellant within four weeks from the date of receipt of this order under intimation to the Commission."
SHOW CAUSE HEARING PROCEEDINGS Relevant Facts emerging during Show-Cause Hearing on 07.06.2024:
Appellant: Along with Advocate Ms. Shivani Sharma present in person.
Respondent: Represented by Shri Rajeev Kumar Singh, S.O. present in person.
A written explanation dated 06.02.2024 of Shri B. S. Gupta, Executive Engineer (Bldg.)- II/ PIO, building Zone, MCD, South Zone, Green Park, New Delhi is taken on record, contents of the same is reproduced hereinbelow:
"Kindly refer to the orders dated 181.2.2023 of the C.I.C., vide which it has been directed to provide the appellant the pointwise reply along with relevant available information in response to the RTI application under reference.3
In this regard, the matter has been got examined. It has been reported that the application under reference has not been received in this office so far. However, online portal has been checked, which reveals that an application, with Registration No. SDLMC/R/2023/60046 dated 10.01.2023, seeking certain information regarding Property No. M-35, Saket, was uploaded on the portal of Government of NCT of Delhi. But due to technical glitches in terms of online portal, the reply could not be furnished by this office but this was a technical error, which may kindly not be attributed on the part of this office.
The information sought by the appellant is solely relating to the issue of sending a legal notice dated 23.12.2022 to the Commissioner, MCD and the Deputy Commissioner, MCD, informing about the damage caused to the rain / storm water drain due to the construction being carried out at M-35, Marg- 49, Saket, New Delhi and the choking of the rain/storm water drain by the construction materials.
As far as legal notice is concerned, it is stated that as per record, the same has not been received in this office. Moreover, the entire issue of storm water drain, choking of rain / storm water drain, with allied issue / grievances, relates to Delhi Jal Board, which is enforcement Department for such issues. Any such grievances need kind attention and action on the part of Delhi Jal Board.
The construction in property No. M-35, Saket, was carried out after getting prior approval from the competent authority / M.C.D. vide online ID No. 10095729 dated 23.12.2021, and completion certificate of the said property was also obtained by the owner vide same ID dated 05.06.2023. The copies of sanction letter and completion certificate letter are enclosed herewith for ready reference.
The information, on the issues contained in the application and as sought by you is as under:4
1. The information regarding damage caused to the rain / storm water drain pertains to Delhi Jal Board.
2. No reply in view of (1) above.
3. No reply in view of (1) above.
4. No reply in view of (1) above."
Learned counsel for the Appellant contended that the copy of written explanation to show cause has not been supplied to him and also the reply given by the PIO now is misleading since they are the ones who did the upkeep and cleaning of drains under reference and not the Delhi Jal Board. He added that due to casual approach of the MCD, his client who is the builder of unit at M-35, Marg-49, Saket, New Delhi - 110030 suffered loss.
Respondent tendered his apology by explaining that upon receipt of hearing notice from the Commission an inspection of the property has been carried out by their concerned officer and it came to their knowledge that small drainage systems including the one under reference falls in their jurisdiction. He volunteered to carry out the cleaning of drains and also to provide a revised reply to the Appellant.
The Commission interjected and asked the Respondent that what is the reason for absence of PIO on the last date of hearing and today when show-cause hearing is conducted against the PIO, the Respondent failed to give any cogent response. However, he vaguely stated that present PIO is on leave, so he authorized him to attend the hearing.
Decision:
The Commission at the outset adversely viewed the conduct of Shri B. S. Gupta, Executive Engineer (Bldg.)- II/ PIO, building Zone, MCD, South Zone, Green Park, New Delhi who being the present PIO in this case did not give any written explanation to the instant show-cause hearing notice for not providing the information and again absenting himself from the hearing of the Commission. In SCN cases, personal presence is required.5
In addition to it, the reply given by the PIO in compliance with the directions of the Commission is misleading and not in consonance with the submissions made by his representative during the hearing.
In view of the above the Commission has come to the conclusion that the provisions of the RTI Act have been clearly violated by Shri B. S. Gupta, Executive Engineer (Bldg.)- II/ PIO, building Zone, MCD, South Zone, Green Park, New Delhi on the following grounds:
1. Upon receiving the hearing notice of this matter twice for different dates, he opted not to appear before the Commission to present the case. Further, no written explanation to show cause has been given by him establishing his disregard towards the provisions of the RTI Act.
2. The conduct of Shri B. S. Gupta, Executive Engineer (Bldg.)- II/ PIO, building Zone, MCD, South Zone, Green Park, New Delhi is in contravention of RTI Act because he has failed to provide an adequate information along with proper explanation to the instant show-cause hearing notice and that the Commission construes this approach of Shri B. S. Gupta, PIO as deliberate act of obstructing the information to the Appellant.
3. Shri B. S. Gupta, PIO has failed to attend the present Show-Cause hearing in person despite being served the hearing notice. This act of Shri Gupta shows his negligent attitude towards the RTI Act, right of the citizen and towards the proceedings before the Commission.
Keeping in view the aforesaid facts and circumstances, the Commission finds this case to be a fit case for imposition of penalty on the erring official i.e. Shri B. S. Gupta, Executive Engineer (Bldg.)- II/ PIO, building Zone, MCD, South Zone, Green Park, New Delhi.
In view of the above, the Commission imposes a penalty of Rs. 7,000/- (Rupees Seven Thousand only) under Section 20 (1) of the RTI Act on Shri B. S. Gupta, 6 Executive Engineer (Bldg.)- II/ PIO, building Zone, MCD, South Zone, Green Park, New Delhi, for violation of the provisions of the RTI Act, 2005. This amount will be deducted from his salary. The First Appellate Authority is hereby directed to recover above penalty from the salary of Shri Vinod Kumar, Assistant Commissioner-cum-PIO and remit the same through a Demand Draft or a Banker's Cheque in the name of Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Section Officer, CR-II, Central Information Commission, Room No. 106, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi - 110067.
Further, as per the commitments made by the representative of the Respondent during the hearing, he is directed to provide a revised point-wise updated information in response to this RTI Application free of charge to the Appellant.
The First Appellate Authority to ensure compliance of the directions and also send a copy of this order to the concerned Drawing & Disbursement Officer, under intimation to the Commission, for necessary action.
The show cause hearing is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सूचना आयुक्ि) Authenticated true copy (अभिप्रमाणणर् सत्यापपर् प्रनर्) ( S. Anantharaman) Dy. Registrar 011-26181927 Date 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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