Following a complaint under the RTI, the Horticulture department at MCD issued instruction to all the zones for carrying out inspection and keep registers of the work plan. This is the 88th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while disposing penalty proceedings against the Public Information Officer (PIO) of Horticulture department at Municipal Corp of Delhi (MCD) lauded the effort of an alert citizen to bring out changes in the governance structure of the government.

While giving this judgement on 18 November 2009, Shailesh Gandhi, the then Central Information Commissioner said, “Thanks to the complainant bringing it to their notice, the department has now decided to work as per rules, and instruction has been issued to all the zones under the Horticulture Department in MCD to carry out inspection and keep registers of the work plan at supervisor/ chaudhary level.”

New Delhi resident AN Prasad, on 4 January 2008, sought certain information from the PIO of Horticulture department at MCD under the Right to Information (RTI) Act.  Since he did not receive any reply from the PIO within mandated 30 days, he filed a complaint before the Commission as per Section 18 of the RTI Act.

On 16 February 2009, the Commission issued a notice to the PIO asking him to supply the information and also provide explanation for not furnishing the information within mandated 30 days.

The Commission neither received a copy of the information sent to the complainant (Prasad), nor did it receive any explanation from the PIO for not supplying the information to the complainant. "Therefore, the only presumption that can be derived is that the PIO has deliberately and without any reasonable cause refused to give information as per the provisions of the RTI Act. His failure to respond to the Commission's notice shows that he has no reasons for the refusal of information," Mr Gandhi the then CIC noted.

While allowing the complaint, the Commission on 6 April 2009 directed the PIO to send complete information to Prasad before 1 May 2009. The CIC also said, "The PIO's action clearly amounts to denial of information without any reasons. The PIO is therefore, asked to submit a written explanation showing cause as to why penalty should not be imposed and disciplinary action be recommended against him under Section 20 (1) & (2) of the RTI Act before 6 May 2009."

Later, the Commission has issued a notice on 30 July 2009 directing the PIO to appear before the CIC on 18 November 2009 to clarify why penalty should not be imposed for defying its order.

During the hearing, the Commission noted that the First Appellate Authority SK Midha had not conducted any hearing. "The information has been provided late and effectively the PIO stated that there was no schedule of inspection being followed by the Horticulture Department in MCD. Because of this he could not give any schedule of the inspection being followed by the department to the complainant," Mr Gandhi noted.

He said, "Thanks to the complainant bringing it to their notice the department has now decided to work as per rules and instruction has been issued to all the zones under the Horticulture Department in MCD to carry out inspection and keep registers of the work plan at supervisor/ chaudhary level. This is a good example of how an alert citizen can bring about an improvement in the governance structure of his government."

"In view of the fact the problem was with the whole department not following any rules nor having a schedule which is the basic requirement as per CPWD Manual. The Commission is not able to fix the responsibility on any individual for the lapse in providing the information," Mr Gandhi said while dropping the penalty proceedings.

CENTRAL INFORMATION COMMISSION

Decision No. CIC/WB/C/2008/00617/SG/2649Adjunct

https://ciconline.nic.in/cic_decisions/SG-18112009-01.pdf

Complaint No. CIC/WB/C/2008/00617/SG

Complainant                                                : AN Prasad

                                                                         New Delhi - 110087

Respondent                                                 : Public Information Officer

                                                                       Dy. Director (Hort.),

                                                                      MCD (South Zone)

                                                                     Green Park

                                                                      New Delhi