Taking cognizance of the issue, the CIC asked the director of SUR Section at MCD to ensure that indexing and cataloguing of all the records is done in specific time limit. This is the 183rd 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 an appeal, asked the director of Slum Upgradation and Rehabilitation (SUR) at Municipal Corporation of Delhi (MCD), to index and catalogue all the records of the department kept haphazardly in about 60 cupboards. The deputy director of SUR branch admitted during the hearing that the records are kept very haphazardly and they do not have the resources to locate records and provide the information within the 30 days limit under the Right to Information (RTI) Act.

While giving the judgement on 16 July 2009, Shailesh Gandhi, the then Central Information Commissioner said, "...the SUR Section lacks the capacity to be able to meet the requirement of the RTI Act. It does not have an index and catalogue of the records it has. Thus compliance of the Section 4 of the RTI Act which is required by 12 October 2005 has still has not been done to fulfil even the basic need of running a public office which can do any reasonable work."

Delhi resident Farooque, on 27 September 2008, sought from the Public Information Officer (PIO) of Slum and Jhuggi Jhopri Department at MCD information regarding number of people, who were living in slum near Shahdara Railway Station, to whom the plot had been allotted, their details and number of people who deposited money for allotment of plot.

In his reply the PIO asked Farooque, the applicant to collect required document from the DRAI Section by paying Rs112 as fee for copying the documents.

There was no reply received from the First Appellate Authority (FAA) due to which, Farooque, the appellant approached the CIC with his second appeal.

During the hearing, Mr Gandhi, the then CIC, observed that the appellant had been provided 43 pages of survey list which was not sought by him. The details of people who paid money had not been provided and no reasons had been given for this by the PIO, the Bench noted.

Farooque complained (to the CIC) that the FAA asked him to come on 19th February and then on 12 March 2009. However, on both occasions the FAA SK Jain, deputy commissioner was not present. "It appeared that he (the FAA) gave a further date of 23 March 2009 and postponed it to 27 May 2009. Finally the PIO brought an order from the FAA's dated 3 June 2009. A reading of the FAA's order showed that it did not take into account anything mentioned by the appellant in his first appeal. This reduced the whole process of first appeal to a farce," Mr Gandhi said.

The PIO stated that he sought assistance of NK Gupta, the accounts officer on 14 November 2008 to provide the information about the people who had deposited the amount for the plots. "However, after various notings no information was provided," the PIO said.

Purushottam Kumar, the AD (cash) who was present during the hearing admitted that the information was available with the record room of the Accounts Department. Mr Gandhi said, "Thus it appeared that the deemed PIO NK Gupta was responsible for denial of information without any reasonable ground."

The Bench also found the FAA SK Jain to be responsible for complete dereliction of duty. It then asked the FAA to send an explanation to the CIC before 30 June 2009 giving reasons why disciplinary action should not be recommended against him.

While allowing the appeal, the Bench then directed the PIO to refund Rs86 charged as additional fee for providing unnecessary data of 43 pages. The Bench also asked deemed PIO Gupta to provide the information to Farooque before 20 June 2009.

After finding the deemed PIO Gupta guilty of not furnishing the information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act, Mr Gandhi issued a show cause notice.

During the show cause hearing on 16 July 2009, Gupta, the deemed PIO stated that the records were actually with Slum Upgradation and Rehabilitation (SUR) branch and that SUR branch was responsible for providing the information. Ashok Bhatia, deputy director of SUR branch stated, "The SUR branch is in the process of segregation of the records contained in about 60 cupboards and it is a matter of chance that we may get the required information in out hands. The records are kept very haphazardly and we do not have the resources to locate records and provide the information within the 30 days limit of RTI."

The Bench took this in the cognizance and felt that the SUR Section lacks the capacity to be able to meet the requirement of the RTI Act. Mr Gandhi said, "It does not have an index and catalogue of the records it has. Thus compliance of the Section 4 of the RTI Act which is required by 12 October 2005 has still has not been done to fulfil even the basic need of running a public office which can do any reasonable work."

The Bench then directed YP Rawal, director of SUR Section to ensure that indexing and cataloguing of all the records is done before 15 September 2009 and to send a compliance report to the CIC before 20 September 2009 failing which the CIC will be forced to take action.

CENTRAL INFORMATION COMMISSION

Decision No.  CIC/SG/A/2009/000985/3712adjunct

http://ciconline.nic.in/cic_decisions/SG-16072009-03.pdf

Appeal No. CIC/SG/A/2009/000985

Appellant                                           : Farooque

                                                            Dilshad Garden, Delhi—110095

Respondent                                      : YP Rawal

                                                            Public Information Officer

                                                            Municipal Corporation of Delhi

                                                            Slum & JJ Department

                                                            Room No. 8, Punarwas Bhawan,

                                                            ITO, New Delhi