The CIC directed MCD to put-up information on their website that would show clear demarcation of different zones in the city. This is the 181st 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 allowing a complaint, directed the Public Information Officer (PIO) of Municipal Corporation of Delhi (MCD), to publish suo-moto the information on its website regarding demarcation of different zones and the person/s responsible for a particular zone, as required under the Right to Information (RTI) Act.
While giving the judgement on 23 July 2009, Shailesh Gandhi, the then Central Information Commissioner said, "This is a very serious matter and the PIO is directed to ensure that clear directions are obtained which identify the responsibility of the zones. This information must be available with the MCD zones and also put-up on the website so that citizens know whom to approach."
Noida resident Prashant Bhushan, on 7 January 2009, sought from the Public Information Officer (PIO) information regarding state of disrepair of the inner road that lies between Mathura Road and Mother Teresa Missionaries of Charity in Jungpura under the RTI Act.
There was no reply either from the PIO or the First Appellate Authority (FAA). Bhushan, the appellant, then filed a complaint before the CIC. After receiving the complaint, the CIC on 23 June 2009 announced its decision.
The Bench of Mr Gandhi, issued a notice to the PIO on 19 May 2009 asking him to supply the information by 13 June 2009 and sought an explanation for not furnishing the information within the mandated time.
The executive engineer (M)-I and APIO for Central Zone informed the CIC that the information had already been sent to the complainant on 5 March 2009 and information was again being sent on 4 June 2009.
Mr Gandhi, the then CIC, allowed the complaint after finding the PIO guilty of not supplying the complete, required information within 30 days. "On perusal of the file it is evident that the PIO is guilty of transferring the application to wrong Public Authority. Hence, he is also guilty of the delay in providing the information," Mr Gandhi said.
On 23 June 2009, the CIC received a letter from the PIO stating that he complied with the orders of the Bench and delay in providing the information was because of the fact that the information was not available with the his office.
"It was evident that PIO SE, Central Zone transferred the application to SE (PIO), City Zone though the information was held by him. SE, PIO City Zone had again transferred it back to him," Mr Gandhi noted. He then issued a show cause notice to the PIO.
During the hearing on 23 July 2009, SC Yadav, the APIO stated that the responsibility for unnecessary transfer of RTI application was of the then PIO RK Sharma. Sharma had transferred the application to SE (City Zone) who had transferred it back to SE (Central Zone), he said.
Yadav stated that the zones are not clearly demarcated hence, they do not know who is suppose to work where, and hence no work gets done.
"This is a very serious matter and the PIO is directed to ensure that clear directions are obtained which identify the responsibility of the zones. This information must be available with the MCD zones and also put-up on the website so that citizens know whom to approach," Mr Gandhi said.
While allowing the complaint, the Bench directed the PIO to ensure that MCD will put-up on the website a clear demarcation of the zones. "This marking of the zones will be put-up on the website before 20 August 2009 and the Complainant will be informed and accordingly the information will be provided by the PIO concern. A compliance report will be given to the Commission before 25 August 2009," Mr Gandhi said.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/C/2009/000477/3819Adjunct
Complaint No. CIC/SG/C/2009/000477
Complainant : Prashant Bhushan
Noida, Uttar Pradesh-201 301
Respondent : SC Yadav
Municipal Corporation of Delhi
Central Zone, Lajpat Nagar
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