CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001774/6804
Complaint No. CIC/SG/C/2009/001774
Complainant : Mr. Brij Mohan Mahajan
1/80, NWA, West Punjabi Bagh
New Delhi-110026
Respondent : Public Information Officer
Sub-Divisional Magistrate
Delhi State Co-operative Bank Building
Main Rohtak Road,Near Nangloi Police Stn.
Nangloi, New Delhi-110041
Facts
arising from the Complaint:
Mr. Brij Mohan Mahajan had filed a RTI application with the PIO, O/o of the
SDM, Delhi State Co-operative Bank Building, Main Rohtak Road, Near Nangloi Police
Station, Nangloi, New Delhi on 26/10/2009 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 with the Commission. On this basis, the
Commission issued a notice to the PIO, O/o the SDM, Delhi State Co-operative Bank
Building, Main Rohtak Road, Near Nangloi Police Station, Nangloi, New Delhi on
26/12/2009 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 has neither received a copy of the information sent to the
Complainant, nor has it received any explanation from the PIO for not supplying the
information to the Complainant. Therefore, the only presumption that can be made is that
the PIO has deliberately and without any reasonable cause refused to give information as
per the provisions of the RTI Act. Failure on the part of the PIO to respond to the
Commission’s notice shows that there is no reasonable cause for the refusal of
information.
Decision:
The Complaint is allowed.
The PIO will provide the complete and correct information in regard to the RTI
Application dated 26/10/2009 (copy enclosed) to the Complainant before
03/03/2010.Proof of dispatch of information should be sent to the Commission before
10/03/2010 The PIO’s action clearly amounts to denial of information without any
reasons. The PIO is therefore, asked to submit a written explanation to show cause as to
why penalty should not be imposed and disciplinary action be recommended against him
under Section 20 (1) & (2) of the RTI Act before 10/03/2010.
If the information has already been supplied to the complainant, furnish a copy of the
same to the Commission with your written submission.
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.
Encl: RTI Application dated 26/10/2009.
Shailesh Gandhi
Information Commissioner
11/02/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)