Unauthorised basement use: CIC slaps ₹20,000 penalty on MCD officials for 'mala fide' reply

Unauthorised basement use: CIC slaps ₹20,000 penalty on MCD officials for 'mala fide' reply

New Delhi, The Central Information Commission has imposed a total penalty of ₹20,000 on two MCD officials, flagging "mala fide" conduct and a "misleading and incorrect" RTI reply in a case where information was furnished for an entirely different property, linked to alleged unauthorised basement use in Shastri Nagar.

Unauthorised basement use: CIC slaps ₹20,000 penalty on MCD officials for 'mala fide' reply

Highlighting the discrepancy, the applicant said the Municipal Corporation of Delhi provided a reply about another property altogether, despite repeated representations pointing out that the information sought related to a specific address where alleged misuse of a basement, including possible commercial use, was under question.

Coming down heavily on the officials, the CIC observed that the RTI plea "remained unattended within the stipulated time frame, in clear violation of the provisions of the RTI Act, 2005."

A penalty of ₹5,000 was imposed on the then Public Information Officer for not furnishing any reply within the prescribed period, while ₹15,000 was levied on the present PIO for providing "incorrect and misleading information" and failing to comply with the commission's directions.

"This clearly establishes the mala fide intent of the PIOs for having provided incorrect and misleading information," the commission said.

Rejecting the explanation that the lapse occurred due to improper diarisation of the RTI application, the commission said administrative lapses "cannot be a ground to escape liability under the RTI Act."

It also took serious note of the failure to provide an action taken report on the complaints and non-compliance with earlier directions to conduct an inquiry into the matter.

The commission directed the MCD to recover the penalty amounts from the salaries of the concerned officials and submit proof of payment within a stipulated timeline.

Further, it ordered the present PIO to provide a "revised, complete and correct reply" specific to the property in question and furnish the action taken report within three weeks.

The First Appellate Authority has been asked to ensure compliance and place the investigation report on record within six weeks.

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