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CERC-NDMC RTI row: CIC fines civic official, orders probe into 2-year delay

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New Delhi, Oct 14 The Central Information Commission has ordered a department inquiry into the New Delhi Municipal Council’s handling of an RTI application filed by the Central Electricity Regulatory Commission, which went unanswered for more than two years.

Information Commissioner Vinod Kumar Tiwari also directed payment of Rs 20,000 in compensation to the Central Electricity Regulatory Commission (CERC) and imposed a penalty of Rs 10,000 on the New Delhi Municipal Council’s (NDMC) then-public information officer.

The Central Information Commission (CIC) had earlier termed the matter an “extremely disturbing” situation, noting that a statutory government body was forced to use the RTI Act and approach another statutory commission to obtain basic information from another government body.

It observed that the CERC had to seek the transparency watchdog’s intervention after its RTI application and first appeal went unanswered.

In the show-cause proceedings, Tiwari directed an inquiry into the acts and omissions of officials responsible for leaving the RTI application and first appeal unattended.

The NDMC chairman has also been asked to examine systemic deficiencies in RTI processing, monitoring and disposal.

The RTI application, filed on May 14, 2024, sought information on action taken on CERC’s letters, security deposits held by the NDMC against specified premises identification numbers, and the procedure for refunding the deposits after the premises were vacated.

The CERC had rented an office accommodation at the Chanderlok Building on Janpath in New Delhi from the civic body since 2007. It vacated the premises on June 30, 2024, and handed over the keys the following day.

The application and the first appeal, filed on June 19, 2024, remained unanswered. The NDMC furnished information only on July 8, 2026, after receiving a hearing notice from the CIC.

The penalty has been imposed under Section 20(1) of the RTI Act, with the Commission directing that the amount be deducted from the concerned official’s pension or other payments due.

The official had cited staff shortages, supervisory vacancies, transfers without replacement, heavy workload, court cases and election duties for the delay.

However, the Commission found that the explanation did not adequately demonstrate effective supervision of the RTI process.

The CIC dropped show-cause proceedings against the then-first appellate authority, finding insufficient evidence of deliberate disregard of the statutory process.

It said the role of the subordinate officials who failed to process or place the appeal could still be examined.

The CERC had stated that its security deposits totalled Rs 4.86 crore, of which Rs 3.48 crore was refunded and Rs 1.38 crore adjusted against alleged dues and interest.

The Commission clarified that the correctness of these financial adjustments was a separate issue and was not being adjudicated in the RTI proceedings.

(PTI News)

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