The failure to comply with RTI obligations can lead to penalties under Section 20(1) of the RTI Act.

2. Public Information Officer under RTI Assistant Commissioner Shah South, Municipal Corporation of Delhi, Shahadara South Zone, Zonal Office Building, 419, Udyog Sadan, Patparganj Ind. Area, Delhi-110092 .….(cid:29)ितवादीगण /Respondent Date of Hearing : 14.10.2025 Date of Decision : 16.10.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 08.01.2024 CPIO replied on : Not on record First appeal filed on : 10.02.2024 First Appellate Authority’s order : 06.03.2024 2nd Appeal/Complaint dated : 20.04.2024 Information sought:

1. The Appellant filed an RTI application dated 08.01.2024 (online) seeking the following information:

“1. Provide number of applications for road cutting were received according to the concerned departments in two years from December

2022 to January 2024 under Ward No. 202, Shakarpur Ward.

2. Provide the number of applications approved department-wise during the abovesaid period.

3. Provide the Complete details of the accepted applications (including applicants name, applicants address, email and telephone numbers).

4. Provide complete details of road cutting such as length, width, depth and certified copy of the sketch.

5 Provide certified copy of work orders issued along with road cutting details.

5. Provide a certified copy of the amount deposited in the corporation for road cutting and a copy of the approved application and its purpose.

6 Amount of penalty imposed and recovered from contractors/agencies for indifferent works, shoddy works or short execution of works in respect of each work order issued/awarded contract for road cutting in the above period.

7 Please tell me the name, designation, office address and telephone numbers of the officers and supervisors responsible for the execution, monitoring and supervision of the maintenance work of the above road.”

2. Not having received any response from the CPIO, the Appellant filed a First Appeal dated 10.02.2024. The FAA vide its order dated 06.03.2024, held as under:

“Sh. Manvendra Pratap Singh, R/o G 1, Main Market, Shakarpur, Delhi-

110092.

The appellant under Right to information had sought certain information. On receipt of RTI's the PIO/Engg, has provided the information to the appellant, the appellant not being satisfied with the information provided by the PIO has preferred first appeal before the First Appellate Authority Engg. (HQ).

A hearing of the appeals was fixed on 29.02.2024 at 03:00 PM. The appellant was present during the hearing, and it is informed to the appellant that his RTI application pertains to Shahdara South Zone, and the same has been transferred to the PIO AC Shahdara South Zone for further necessary action. The appellant is satisfied with the information provided to him and he has no further grievances. Hence the appeal is disposed off accordingly.”

3. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Absent Respondent: Absent

4. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 20.04.2024 is not available on record. The Respondent confirmed non-service.

5. Both the parties remained absent despite notice.

Decision:

6. The Commission after adverting to the facts and circumstances of the case and perusal of the records, noted that despite the transfer of the RTI application by the FAA to the PIO, Shahdara South Zone, no reply was furnished to the Appellant as mandated under the RTI Act. Further, the PIO concerned (both the then and present incumbents) have failed to appear before the Commission to explain the reasons for such non-compliance. The conduct of the concerned PIO indicates gross negligence in the discharge of