Information regarding a property located in an area which fell under the jurisdiction of two officers - one officer had sent several reminders to the second but no reply was received - CIC: penalty of Rs. 5500/- imposed on second officer for delay

Information regarding a property was sought - the area in which said property was located fell under the jurisdiction of two officers – one officer had sent several reminders to the second officer with reference to the pending RTI application, but no reply was received – CIC:  for the delay of 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. days imposed penalty of Rs. 5500/– on second officer

ORDER

Facts:

1. Further to Commission’s orders dated 9 October 2013 and 13 November 2013, matter was heard today regarding show cause. Shri AK Meena EE (B) appeared before the Commission and made submissions. The averment of Shri Abdul Quadir were confirmed by Shri Meena that during the period when the RTI application was received, Shri Meena was holding the post of EE (B) and Shri Abdul Quadir was holding the position of JE and the RTI application dated 30 March 2012 which was received on 16 April 2012 was forwarded to Shri Kader on 23 April 2012 by the AE IV.

2. The property in respect of which information was sought was located in the area under the jurisdiction of both these officers. In support of his averments, Shri Meena submitted copies of the transfer orders of Shri Abdul Quadir before the Commission vide which it is established that Shri Quadir was holding the aforementioned position from 6 February 2012 up to 14 June 2012 when he handed over charge to Shri Ajay Choudhary JE. It was further submitted by Shri Meena that he had sent several reminders to Shri Kader and to his successor Shri Ajay Choudhary with reference to the pending RTI application dated 30 March 2012. However in spite of these reminders, Shri Abdul Quadir failed to provide information to the appellant up to 11 September 2012. Shri Abdul Kader has not appeared before the Commission today even though he appeared before the Commission at the hearing held on 13 November 2013 and admitted that he was posted as JE (B) at Ward no 107 Vishnu Garden where the property in respect which information was sought is located. The said officer did not provide any credible explanation regarding the reasons for not having furnished the requested information to the appellant.

Decision notice

3. After hearing the averments of both the EE (B) and the JE (B), Commission notes that Shri Abdul Quadir, JE(B) has failed to provide the requested information to the appellant within the timeframe provided in the RTI Act. Therefore for the delay of 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. days, Commission imposes a penalty of Rs. 5500/– ( 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. x Rs 250) which amount will be deducted from the salary of Shri Abdul Quadir, JE (B) within three weeks of receipt of the order. The Appellate Authority is directed to recover the amount of Rs. 5,500/from the salary of Shri Abdul Kader, JE(B)/PIO and remit the same by a demand draft or a Banker’s cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Director and Joint Registrar of the Central Information Commission, 2nd. Floor, August Kranti Bhawan, New Delhi110066.

(Smt. Deepak Sandhu)

Chief Information Commissioner

Citation: Shri Chattar Singh v. South Delhi Municipal Corporation in Adjunct II Appeal: No. CIC/DS/A/2012 /001952