Sunday 1 June 2014

Penalty is imposed on Secretary of Bar Council of Delhi for causing delay in providing information under RTI


As   regards   delayed   reply   to   the   Complainant’s   RTI   application,   the 
Commission is of the opinion that Shri Murari Tiwari has not only failed to furnish 
the information to the Complainant within the time specified in sub­section (1) of 
section 7 of the RTI Act, but has also persistently caused obstruction to the supply 
of   information   by   not   responding   to   repeated   notices   of   the   Commission.   Shri 
Murari was given several opportunities (as mentioned above) by the Commission to 
explain as to why he has not replied to the Complainant’s RTI application. However, 
he did not even consider it necessary to respond to Commission’s notices. 

Thus,   the   Commission   holds   Shri   Murari   Tiwari,   Hony.,   Secretary,   Bar 
Council   of   Delhi   fully   responsible   for   not   furnishing   the   information   to   the 
Complainant in respect of his RTI application dated 01.04.2013, thereby causing a 

delay and obstruction to the supply of information to the Complainant for more than 
10 months. 

The Commission accordingly, by the power vested in it under section 20(1) 
of the RTI Act, hereby imposes a penalty of Rs. 25,000/­ (Twenty Five Thousand) 
only on Shri Murari  Tiwari, Hony., Secretary, Bar Council of Delhi for causing a 
delay of more than 10 months in providing information to the Complainant without 
any reasonable cause. 
Central Information Commission
Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi­110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/C/2013/000276
May 15, 2014
Complainant : Shri Arun Kumar Agrawal  
Respondents : Bar Council of Delhi 
  



The Complainant filed an RTI application dated 01.04.2013 before the CPIO, 
Delhi Bar Council, New Delhi seeking following information:
“1.
The number of cases filed against advocates under section 
35 of the Advocates Act in each of the past 10 years
2.
The number of cases which were disposed of in each of the 
past 10 years for complaints filed under section 35 of the 
Advocates Act
3.
The number of Advocates who were found in violation of 
section 35 of the Advocates Act in each of the past 10 
4.
The number and percentage of complaints filed under 
section 35 that were  disposed within one year of the 
complaint being filed with the Bar Council of Delhi for each 
past ten years.”

years.  
of   the  

2.
Since the Complainant did not receive any reply from the CPIO even after 
the expiry of time limit as specified in sub­section (1) of section 7 of the RTI Act, he 
filed the instant complaint before the Commission on 17.05.2013.
3.
Acting on this complaint, the Commission issued a notice dated 05.11.2013 
to Shri Murari Tiwari, Hony. Secretary, Bar Council of Delhi directing him to appear 
before the Commission on 13.12.2013 at 03.30.  The Complainant was also advised 
that he may attend the hearing in person of through his authorised representative or 
he may chose not to be present.
4.
Shri Murari Tiwari however did not appear before the Commission on the 
scheduled date (i.e. 13.12.2013). Neither did he file any reply to the complaint in 
question. 
5.
The Commission accordingly adjourned the matter to 03.02.2014 at 02:45 
p.m. and issued another notice dated 03.01.2014 to Shri Murari Tiwari directing him 
to appear before the Commission on the scheduled date.  A copy of this notice was 
also sent to the Complainant. The Commission also, considering the fact that no 
reply had been furnished to the Complainant to his RTI application, directed Shri 
Murari Tiwari, Hony. Secretary & CPIO to show cause why penalty of Rs. 25,000/­ 
should   not   be   imposed   upon   him   under   section   20(1)   of   the   RTI   Act   for   not 
furnishing the reply to the Complainant to his RTI application dated 01.04.2013.
6.
However, even after having been directed second time, Shri Murari chose 
not to appear before the Commission without any reasonable cause and sent a 
Supervisor (Shri V.B.S. Sirohi) of the Bar Council of Delhi to represent in the matter 

that too without any legal authorization. Shri Murari also did not file his reply to 
show cause notice (dated 03.01.2014) issued to him. It was also informed to the 
Commission that the Bar Council of Delhi has not so far designated CPIOs and 
Appellate Authority under the RTI Act.
7.
The   Commission   however,   in   the   interest   of   justice,   decided   to   give   one 
more opportunity to Shri Murari and accordingly adjourned the matter to 05.03.2014 
at 14:30 hrs. A notice dated 05.02.2014 (third time) was accordingly issued to Shri 
Murari Tiwari, Hony. Secretary directing him to appear before the Commission on 
the scheduled date.
8.
However, this time also Shri Murari failed to comply with the Commission’s 
direction and remained absent on the date of hearing (05.03.2014). Neither did he 
file any written reply.
9.
The Commission then issued an order dated 10.03.2014, operative part of 
which reads as under:
“In   view   of   the   continuous   non   compliance   of   the   directions   of   this  
Commission   the   copy   of   this   order   shall   be   provided   to   the   present  
Chairman and Vice Chairman of the Bar Council of Delhi for  designating  
the concerned officer for hearing. The concerned 
order/notification   for   the  
appointment of the CPIO and first  appellate   authority   shall   also   be   brought   on  
record. The appeal  shall be listed for hearing and fresh notice be issued.”
10.
The matter was thereafter listed for 11.04.2014 at 03:15 p.m. and a notice 
dated   19.03.2014   was   issued   to   Hony   Secy.   CPIO   to   appear   before   the 


Commission.  He  was  also  directed  to bring  a  copy  of  his  written  reply to  show 
cause   notice   dated   03.01.2014   and   a   copy   of   relevant   order/Notification   for   the 
appointment   of   the   CPIO   and   the   first   Appellate   Authority.   This   hearing   was 
however postponed and was rescheduled for 30.04.2011 at 11:30 Hrs. A notice to 
this effect was sent to the Hony. Secretary & CPIO and the Complainant vide letter 
dated 25.03.2014.
11.
However   this   time   also   Shri   Murari   Tiwari,   Hony   Secretary   chose   not   to 
appear before the Commission, nor did he file any reply to show cause notice. The 
Complainant was however present in person. Shri V.B.S. Sirohi, (Supervisor), who 
has now been designated as CPIO after the Commission’s order, came late and 
was allowed to make his submission. 
12.
Shri Sirohi informed the Commission that he has been designated as CPIO 
on 15.03.2014, after which he furnished the point wise reply to the Complainant 
vide letter dated 24.03.2014 corresponding to his RTI application dated 01.04.2013. 
He however, when asked, had no explanation as to why Shri Murari is not present 
for   hearing   this   time   also   and   why   no   reply   to   show   cause   notice   has   been 
submitted by him to the Commission despite repeated notices.
13.
The Commission is shocked by the fact that the Bar Council of Delhi—a 
statutory   body   constituted   under   the   Advocates   Act,   1961—had   not   designated 
CPIO, CAPIO and First Appellate Authority even after more than eight years of the 
enactment of the RTI Act, 2005, while as per section 5 of the RTI Act it is the 
statutory obligation of every public authority to designate CPIOs and CAPIOs within 

100   days   of   enactment   of   the   RTI   Act.   This   shows   a   sheer   disobedience   and 
disrespect   of   the   statute   (RTI   Act)   by   this   public   authority.   It   is   only   after   the 
Commission’s order this public authority has woken up to its statutory obligation. 
Even now no notification appointing First Appellate Authority has been placed on 
record. The Commission also notices that the CPIO (Supervisor) appointed by the 
Bar   Council   of   Delhi   is   not   an   officer,   who   is   competent   to   take   independent 
decisions while dealing with RTI applications. He is a Supervisor. 
14.
In view of the above, the Commission hereby recommends to the head of 
the   public   authority   viz.,   Chairman,   Bar   Council   of   Delhi   to   reconsider   the 
appointment   of   the   CPIO   in   line   with   other   Bar   Councils   across   the   country, 
including the Bar Council of India.
15.
As   regards   delayed   reply   to   the   Complainant’s   RTI   application,   the 
Commission is of the opinion that Shri Murari Tiwari has not only failed to furnish 
the information to the Complainant within the time specified in sub­section (1) of 
section 7 of the RTI Act, but has also persistently caused obstruction to the supply 
of   information   by   not   responding   to   repeated   notices   of   the   Commission.   Shri 
Murari was given several opportunities (as mentioned above) by the Commission to 
explain as to why he has not replied to the Complainant’s RTI application. However, 
he did not even consider it necessary to respond to Commission’s notices. 
16.
Thus,   the   Commission   holds   Shri   Murari   Tiwari,   Hony.,   Secretary,   Bar 
Council   of   Delhi   fully   responsible   for   not   furnishing   the   information   to   the 
Complainant in respect of his RTI application dated 01.04.2013, thereby causing a 

delay and obstruction to the supply of information to the Complainant for more than 
10 months. 
17.
The Commission accordingly, by the power vested in it under section 20(1) 
of the RTI Act, hereby imposes a penalty of Rs. 25,000/­ (Twenty Five Thousand) 
only on Shri Murari  Tiwari, Hony., Secretary, Bar Council of Delhi for causing a 
delay of more than 10 months in providing information to the Complainant without 
any reasonable cause. 
18.
The   head   of   the   public   authority   viz.,   Chairman,   Bar   Council   of   Delhi   is 
hereby directed to recover the above amount of penalty (of Rs. 25,000/­) in five 
monthly   installments,   from   Shri   Murari   Tiwari,   Hony.,   Secretary,   Bar   Council   of 
Delhi, and remit the same to the Commission by way of Demand Draft in favour of 
PAO, CAT, New Delhi and send the same to Shri Tarun Kumar, Joint Secretary &
Additional Registrar of the Central Information Commission, 2 nd Floor, August
Kranti Bhawan, New Delhi-110066. The amount may be deducted @ Rs. 5000/-
(Rupees five thousand) per month from the salary of Shri Murari Tiwari and
remit by the 10th of every month starting from 10th of July, 2014. The total
amount of Rs. 25,000/- will be remitted by 10th of November, 2014.
19.
Considering the state of the implementation of RTI Act in the Bar Council of 
Delhi,   the   Commission   would   also   like   to   advise   the   Bar   Council   of   India   (A 
Supervisory body over all Bar Councils) to look into matter and submit a report to 
the Commission within 1 month of receipt of this order. 
(Sushma Singh)
6
Chief Information Commissioner
Authenticated by
(D.C. Singh)
Deputy Registrar
CIC/SS/C/2013/000276
Page 7 of 10
8
Chairman 
Bar Council of India
21, Rouse Avenue Institutional Area
Near Bal Bhavan
New Delhi  110 002
Chairman
Bar Council of Delhi 
2/6, Sri Fort Institutional Area
Khel Gaon Marg
New Delhi 110049
Address to the Parties:
1. Shri Arun Kumar Agrawal 
      T­8 Eagleton Golf Resort
         30 km Bangalore Mysore Highway
            Bidadi, Bangalore South District
              Bangalore 562109
2. Shri Murari Tiwari
    Hony. Secretary
    Bar Council of Delhi 
       2/6, Sri Fort Institutional Area
          Khel Gaon Marg
           New Delhi 110049
3. Shri V.B.S. Sirohi
    CPIO
   Bar Council of Delhi 
      2/6, Sri Fort Institutional Area
         Khel Gaon Marg
          New Delhi 110049


Copy for information and necessary action to:
(1)
(2)
(3)

Joint Secretary (Law),
CIC, New Delhi.
Shri Tarun Kumar, Joint Secretary, Administration, CIC, New Delhi.
Shri D.C. Singh, Deputy Secretary/Deputy Registrar, CIC, New Delhi.
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