Central Information Commission
Mr.A K Sharma vs Government Of Nct Of Delhi on 22 August, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000859
Date of Hearing : August 22, 2012
Date of Decision : August 22, 2012
Parties:
Applicant
Shri A.K.Sharma
12/244, Lodhi Colony
New Delhi 110 003
The Applicant was present during the hearing
Respondents
Directorate of Vigilance
O/o the AD(Vig.)/PIO
Govt. of NCT of Delhi
4th Level, C Wing
Delhi Secretariat
IP Estate
New Delhi 110 013
Represented by : Shri Ashok Kumar, Supdt.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/000859
Adjunct to CIC Order of even No. dt.7.5.12
Background
1. The decision of the Commission in the above captioned order is reproduced below:
2. During the hearing, the Respondents stated that they, pursuant to the direction of the Appellate Authority, had on 13.12.2011 requested the RCS to provide the required information to them for onward transmission to the Appellant, but have not so far received any response from the RCS despite the reminderletters dated 01.02.2012, 16.03.2012 and 30.04.2012 to the RCS.
3. In view of the fact that information has not been given to the Appellant by the RCS office despite several requests by the PIO, Directorate of Vigilance, it is directed that the PIO, RCS, within 2 weeks of receipt of this order, shall provide the required information to the Appellant. He shall also, within 2 weeks of receipt of this order, separately send his comments/action taken on the Appellant's complaint dated 04.11.2010 to the PIO, Directorate of Vigilance, who shall then place it before the competent authority for an appropriate decision, which is recommended to be taken preferably by end May, 2012. The decision taken by the competent authority on the Appellant's complaint may thereafter be communicated to the Appellant by the PIO, Directorate of Vigilance.
4. The PIO, RCS is also directed to show cause as to why penalty should not be imposed upon him for obstructing the transmission of information to the Appellant by not responding to the communications dated 13.12.2011, 01.02.2012, 16.03.2012 and 30.04.2012 of the PIO, Directorate of Vigilance. Returnable by 30.05.2012.
2. The Commission received a petition dt.10.6.12 from the Applicant complaining about noncompliance of the above decision by the Public Authority. The Commission, therefore, decided to schedule a hearing for 22.8.12 and accordingly issued notices to concerned parties.
Decision
3. During the hearing, the Respondents submitted that in compliance with the Commission's order dt.7.5.12, they had written to the PIO, RCS to provide to them the requisite information with regard to complaints against Shri Udai Bakshi, Administrator, Quetta Cooperative housing Society Ltd. He added that reminders were also sent to the PIO, RCS on 4.6.12 and 16.8.12 bur no response has been received from PIO RCS till date.
4. It is also noted from the submissions on record that the then PIO, RCS who is supposed to have complied with the Commission's order dt.7.5.12 has also not complied with the show cause notice issued to him in that order for not having responded to the RTI application within the mandatory period. Hence, the then PIO, RCS is directed to appear before the undersigned in her chamber in Room No.296, Second Floor, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066 on 6th September 2012 at 5.00 p.m along with his written submissions to the show cause notice (as per para 4 of the Order dt.7.5.12) as well as his written submission for not complying with the Commission's order dt.7.5.12.
5. The PIO, RCS is also directed to provide the required information to the Directorate of Vigilance within 2 weeks of receipt of this order.
6. Hearing adjourned (Annapurna Dixit) Information Commissioner Authenticated true copy (G. Subramanian) Deputy Registrar Cc
1. Shri A.K.Sharma 12/244, Lodhi Colony New Delhi 110 003 2 The Public Information Officer Directorate of Vigilance O/o the AD(Vig.)/PIO Govt. of NCT of Delhi 4th Level, C Wing Delhi Secretariat IP Estate New Delhi 110 013
3. The Public Information Officer Registrar of Cooperative Societies Parliament Street New Delhi
4. Officer in charge, NIC