CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001456/11845
Complaint No. CIC/SG/C/2010/001456
Complainant : Mr.Pratap Singh Gandas,
33A/9 Kishangarh, Vasant Kunj,
New Delhi-110070
Respondent : PIO & Deputy Health Officer,
Municipal Corporation of Delhi,
O/o Dy. Health Officer,
Health Department, South Zone,
Green Park, Delhi
Facts
arising from the Complaint:
The Complainant had filed a RTI application dated 10/08/2010 with the PIO, O/o the Deputy
Commissioner, South Zone, Green Park asking for certain information. However, on not having
received the information within the mandated time, the Complainant filed a complaint under Section 18
of the RTI Act before this Commission. On this basis, the Commission issued a notice to the PIO, O/o
the Deputy Commissioner, South Zone, Green Park dated 22/12/2010 with a direction to provide the
information to the Complainant and further sought an explanation for not furnishing the information
within the mandated time.
The Commission is in receipt of the submissions of the Respondent vide letter dated 17/01/2011 wherein
it has been stated that the RTI application was replied vide letters dated 12/07/2010 through UPC and
15/10/2010 through speed post. On perusal of the reply enclosed with the letter dated 17/01/2011 it
appears that the information provided to the Complainant is satisfactory.
On perusal of the records before this Commission, it is noted that the PIO has not furnished the reply to
the RTI application dated 10/08/2010 within the stipulated time period i.e. 30 days from the receipt.
Further the PIO has neither submitted the copy of reply dated 15/10/2010 nor any dispatch proof of the
same. The PIO ought to have realized upon receipt of the notice of this Commission that the matter
before the Commission was that of non- supply of information and if the same had been provided, proof
of dispatch of the same should have been attached with the submissions.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to submit before this Commission a copy of
reply provided on 15/10/2010 and the Speed Post receipt(s) of the same as proof of dispatch, before
24th April 2011.
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The PIO is also hereby directed to send his written submissions to show cause why penalty should
not be imposed and disciplinary action recommended against him under Section 20 (1) and (2) of
the RTI Act for delay in providing the complete and correct information to the Complainant. This
should be sent to the Commission by 25th April 2011.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI Act, 2005.
Shailesh Gandhi
Central Information Commissioner
4th April 2011
(In any correspondence on this decision, mention the complete decision number.)RJ)
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