Central Information CommissionMr.Sushil Kumar vs Mcd, Gnct Delhi on 2 June, 2010CENTRAL INFORMATION COMMISSION
                         Club Building (Near Post Office)
                       Old JNU Campus, New Delhi - 110067
                              Tel: +91-11-26161796

                                                       Decision No. CIC/SG/A/2010/000928/7969
                                                              Appeal No. CIC/SG/A/2010/000928
Relevant Facts emerging from the Appeal:

Appellant                              :       Mr. Sushil Kumar
                                               Assistant Manager,
                                               11th Floor,
                                               Shipping Corporation Of India
                                               245, Madam Cama Road,
                                               Mumbai - 400021

Respondent                             :       Mr. K. C. BhardwajAssistant Commissioner & PIO,
                                               Municipal Corporation Of Delhi,
                                               Over Water Head Tank Building,
                                               Najafgarh Road, Tilak Nagar Road
                                               New Delhi-110043

RTI application filed on               :       01/12/2009, 28/12/2009
PIO replied                            :       14/12/2009
First appeal filed on                  :       11/02/2010
First Appellate Authority order        :       No order
Second Appeal received on              :       13/04/2010

Sr. No.                                      Information Sought1.          Report CPIO/AC submitted for which the deadline of 10.11.2009 was given2.          People held responsible in the report for not taking appropriate action in the matter.3.          Action taken against people responsible for the delay.4.          Attested photocopy of the letter/memo regarding action taken.Reply of the Public Information Officer (PIO)
The PIO sent a letter to the Appellant stating that the IPO submitted by him was wrongly
addressed to the Accounts Officer of MCD and not to the Commissioner of MCD. Therefore, the
PIO requested the Appellant to send a fresh cheque/postal order.Grounds for the First Appeal:No information provided by the PIO.Order of the First Appellate Authority (FAA):No order had been passed by the FAA.Grounds for the Second Appeal
No information provided by the PIO and no order passed by the FAA.
 Relevant Facts emerging during Hearing:The following were present:Appellant: Mr. Sushil Kumar on telephonic conferencing through phone no.: 09699849601;
Respondent : Mr. K. C. Bhardwaj, Assistant Commissioner & PIO;PIO has not sent any information so far. The PIO is directed to provide the complete
information to the Appellant before 15 June 2010. The Respondent claims that the person
responsible for not giving the information was Mr. S. S. Arora, CSI the then SS.Decision:The appeal is allowed.The PIO is directed to provide the complete information to the
Appellant before 15 June 2010.The issue before the Commission is of not supplying the complete, required information by
the deemed PIO Mr. S. S. Arora, CSI the then SS within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIO is guilty of not
furnishing information within the time specified under sub-section (1) of Section 7 by not
replying within 30 days, as per the requirement of theRTI Act. It appears that the deemed PIO's
actions attract the penal provisions ofSection 20 (1). A showcause notice is being issued to him,
and he is directed give his reasons to the Commission to show cause why penalty should not be
levied on him.Mr. S. S. Arora, CSI the then SS will present himself before the Commission at the above
address on 24 June 2010 at 3.00pm alongwith his written submissions showing cause why
penalty should not be imposed on him as mandated underSection 20 (1). He will also submit
proof of having given the information to the appellant.If there are other persons responsible for the delay in providing the information to the
Appellant the PIO is directed to inform such persons of the show cause hearing and direct
them to appear before the Commission with him.This decision is announced in open chamber.Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as perSection 7(6)of RTI Act.Shailesh Gandhi
                                                                                                      Information Commissioner
                                                                                                                   02 June 2010
(For any further correspondence in this matter, please quote the file number mentioned above.) (AG)


CC:To,
           Mr. S. S. Arora, CSI the then SS through Mr. K. C. Bhardwaj, PIO & AC;