The Week: New Delhi: Thursday, 5 October 2023.
The Central Information Commission (CIC) has issued a show cause notice to the Delhi Waqf Board asking why a penalty should not be imposed on its Central Public Information Officer for not furnishing within the stipulated 30 days information on land use change of a school in Fatehpuri.
The Commission also directed the CPIO to collect information from its Section Officer, Rent and Property Section, and provide it to RTI applicant Mohammed Talha Zamir.
It noted that by not providing information within the stipulated time frame despite multiple reminders, the CPIO has ignored the principle that "justice delayed is justice denied".
In its show cause notice, the Commission asked why action should not be taken against him for this "misconduct and negligence" which constitutes serious violation of the provisions of the Right to Information Act.
The case pertains to a primary school run by the Municipal Corporation of Delhi on the ground floor of land owned by Delhi Waqf Board in Fatehpuri.
Zamir claimed that the Delhi Waqf Board took back the land from MCD and instead of constructing a school, they built shops on that place.
The Commission directed the Waqf Board CPIO to explain why a penalty of Rs 10,000 should not be imposed on him as per Section 20(1) and disciplinary proceedings under Section 20(2) of the RTI Act, 2005 not initiated.
The Commission also "advised" the office of Lt Governor of Delhi to take cognisance of the matter and conduct an inquiry including into the role of DWB as well as the Delhi government, if required.
It said misappropriating property meant for school and using it for commercial purposes can establish a troubling precedent, potentially leading to further encroachment on educational spaces.
"As the matter of poor maintenance of schools by DWB has come up before the Commission earlier also the larger role of DWB and Delhi Government in maintenance of Minority Schools in Delhi can also be covered in the inquiry," Information Commissioner Uday Mahurkar said in his order.
The Central Information Commission (CIC) has issued a show cause notice to the Delhi Waqf Board asking why a penalty should not be imposed on its Central Public Information Officer for not furnishing within the stipulated 30 days information on land use change of a school in Fatehpuri.
The Commission also directed the CPIO to collect information from its Section Officer, Rent and Property Section, and provide it to RTI applicant Mohammed Talha Zamir.
It noted that by not providing information within the stipulated time frame despite multiple reminders, the CPIO has ignored the principle that "justice delayed is justice denied".
In its show cause notice, the Commission asked why action should not be taken against him for this "misconduct and negligence" which constitutes serious violation of the provisions of the Right to Information Act.
The case pertains to a primary school run by the Municipal Corporation of Delhi on the ground floor of land owned by Delhi Waqf Board in Fatehpuri.
Zamir claimed that the Delhi Waqf Board took back the land from MCD and instead of constructing a school, they built shops on that place.
The Commission directed the Waqf Board CPIO to explain why a penalty of Rs 10,000 should not be imposed on him as per Section 20(1) and disciplinary proceedings under Section 20(2) of the RTI Act, 2005 not initiated.
The Commission also "advised" the office of Lt Governor of Delhi to take cognisance of the matter and conduct an inquiry including into the role of DWB as well as the Delhi government, if required.
It said misappropriating property meant for school and using it for commercial purposes can establish a troubling precedent, potentially leading to further encroachment on educational spaces.
"As the matter of poor maintenance of schools by DWB has come up before the Commission earlier also the larger role of DWB and Delhi Government in maintenance of Minority Schools in Delhi can also be covered in the inquiry," Information Commissioner Uday Mahurkar said in his order.
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