Central Information Commission
Paramjeet Singh vs South Delhi Municipal Corporation Head ... on 11 June, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीयसूचनाआयोग
Central Information Commission
बाबागं गनाथमागग , मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
शिकायतसंख्या / Complaint No.: CIC/SDMCQ/C/2019/163141
Paramjeet Singh ...शिकायतकताा/Complainant
VERSUS
Public Information Officer Under RTI,
Assistant Commissioner (West Zone), South
Delhi Municipal Corporation, West Zone Zonal
Office Building, Community Centre, Vishal
Enclave, Rajouri Garden, New Delhi-110027.
...प्रनिवािीगण/Respondent
Relevant facts emerging from Complaint:
RTI application filed on : 18.11.2019
CPIO replied on : Not on record
First appeal filed on : Not on record
First Appellate Authority order : Not on record
Complaint received at CIC : 30.12.2019
Date of Hearing : 10.06.2021
Date of Decision : 10.06.2021
सूचनाआयुक्त: हीरालालसामररया
Information Commissioner: Shri HeeralalSamariya
Information sought:
The Complainant sought following information :-
Having not received any reply from the PIO, Complainant filed the instant Complaint.
Grounds for Complaint:
The PIO has not provided any reply to the Complainant.
Relevant Facts emerging during Hearing:
The following were present: -
Complainant: Did not pick up call despite calling numerous times.
Respondent: Mr. Gaurav Bansal, PIO, AE (B-I) WZ, SDMC, present on phone Upon Commissions instance, PIO submitted that owing to the circumstances created due to current pandemic he doesn't have the relevant file and thus, won't be able to make any submissions. However, he affirmed that he would comply with the directions of the Commission, if any. Decision:
The current milieu of the pandemic COVID-19 has necessitated the Commission to take some extraordinary steps in the disposal of cases to avoid further backlog and delays subverting the very purpose of RTI Act which includes inter alia hearing cases through audio conferencing. The instant case being one such instance where even so Appellant could not be heard for reasons stated above, Commission deems it fit in the interest of the letter and spirit of RTI Act to decide the matter based on the material on record.
At the outset, the Commission expresses severe displeasure over the conduct of the then PIO in not having provided any proper reply on the RTI Application within the stipulated time frame of RTI Act. Commission was unable to procure the name of the then PIO, therefore Commission directs then PIO through the present PIO to send his written submissions to justify as to why action should not be initiated against him/her under Section 20 of the RTI Act for the gross violation of its provisions. In doing so, if any other persons are also responsible for the omission, the then PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. The said written submission of then PIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days after when current situation normalizes and PIO rejoins the office.
The present PIO will ensure service of this order to then PIO.
Further, present PIO should thoroughly search the records and in case any reply was provided previously then same must be provided to Complainant again, free of cost via speed post, within 30 days after the normalization of current situation and PIO rejoins the office, and a compliance report duly sent to the Commission.
The Complaint is disposed of accordingly.
HeeralalSamariya(हीरालालसामररया) Information Commissioner (सू चनाआयुक्त) Authenticated true copy (अनिप्रमानणिसत्यानििप्रनि) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उि-िंजीयक) 011-26180514 Copy to be served through present PIO to:
Then PIO, O/o Assistant Commissioner (West Zone), South Delhi Municipal Corporation, West Zone Zonal Office Building, Community Centre, Vishal Enclave, Rajouri Garden, New Delhi-110027.
--(For taking note of the adverse remarks of the Commission)--