BMC's deputy law officials fined Rs 10,000 for not sharing information with applicant

The state information commission (SIC), in two separate orders, has fined a Brihanmumbai Municipal Corporation (BMC) deputy law officer of Rs 10,000.

Besides this, the commission has also sought disciplinary action against the officer and another public information officer (PIO), who failed to provide information even after an order from the SIC.

The order was passed after a complaint was filed by one RTI applicant, Kamlakar Shenoy. The order was passed on March 1 with state chief information commissioner, Sumit Mullick, stating that another hearing will be held on April 26, wherein PIO will have to attend and provide information to the applicant. The PIO had not attended the hearing. Shenoy had sought details of the records relied upon for turning down a legal opinion that was being sought from the urban development department.

"I had sought details of the records relied upon when the senior officers had turned down request of a legal opinion to be sought. The legal opinion was to be sought for increase in FSI, which was turned down by building department," said Shenoy.

Shenoy said he did not get information to both his applications even when the first appellate authority had ruled in his favour. During the second appeal hearing, the SIC said it was unfortunate that during the hearings, a deputy law officer was being represented by a senior counsel.

The SIC order stated: "It is unfortunate that BMC legal department appoints counsel in RTI appeal to represent another senior advocate who has given opinion on behalf of BMC on several occasions regarding property matters worth more than Rs 1,000 crores."

"The commission should have ideally slapped a fine of Rs 25,000 because they were not adhering to first appellate and to information commission's order," said Shenoy. The commission marked the order to first appellate authority and municipal commissioner for implementation.