List of houses which are below the road surface and action taken to insure unobstructed flow of water from them into the drain - Assistant PIO responded after the 30 day stipulated period - SCN issued u/s 20(1) for imposing penalty for delay
28 Aug, 2013Facts:
1. Applicant submitted RTI application dated 2 July 2012 before the CPIO, South Delhi Municipal Corporation to obtain information regarding the list of houses which are below the road surface, action taken by the public authority is to insure unobstructed flow of water from the houses which are below the road surface into the drains etc. through five points.
2. Vide CPIO order dated 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. September 2012, information was furnished to the appellant which failed to satisfy him and appellant preferred appeal dated nil before the first appellate authority.
3. Matter was decided vide FAA order dated 28 September 2012 vide which it was observed that information provided to the appellant was not satisfactory and the CPIO was directed to provide full and complete information to the appellant within 15 days.
4. Appellant preferred second appeal before the Commission.
5. Matter was heard today. Both parties as above appeared in person and made submissions. Appellant submitted that he had been provided information by the Assistant PIO on 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. September 2012 in response to his RTI application dated 2 July 2012 which was well beyond the 30 day period stipulated under the RTI Act. Also, that the SS had provided him information vide letter dated 21 November 2012 in response to the directions given by the first appellate authority in his order dated 28 September 2012 (after 55 days) whereas the information was required to be provided to the appellant within 15 days. Appellant also expressed dissatisfaction with the information furnished to him under point 1 of his application.
Decision notice
6. After hearing both parties Commission directs the CPIO to provide basic information to the appellant pertaining to the list of houses which are below the road surface on the side of the appellant's house. Information to be provided within two weeks of receipt of the order.
7. Commission notes that the Asst PIO and not the CPIO has signed the letter vide which information was provided to the appellant in response to his RTI application. In this connection the attention of the CPIO is drawn to section 5(1) and section 5(2) of the Act which requires the public authority to appoint CPIOs and APIOs along with their stated functions and duties. CPIO is directed to scrupulously adhere
to the provisions and to discharge his duties in pursuance with the provisions of these sections of the RTI Act in future.
8. As regards the delay in providing information to the appellant as recorded above, Commission issues notice to the then CPIO to show cause why penalty should not be imposed upon him for this delay as per the provisions of section 20(1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. of the Act. He is directed to send written submission within three weeks of receipt of the order and to appear before the Commission on 10.9.2013 at 3.30 PM.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Citation: Shri Dinesh Kumar Saini v. South Delhi Municipal Corporation in Appeal: No. CIC/DS/A/2012/002475