CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000675/14151
Complaint No. CIC/SG/C/2011/000675
Complainant : Mr. Patras Sood
A-121, Dakshinpuri, Ambedkar Nagar,
Sector-5, New Delhi
Respondent : Public Information Officer
Municipal Corporation of Delhi,
Shahdara South Zone,
Karkardooma, New Delhi
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the Respondent PIO on 02/12/2010 asking
for certain information. On not having received any information within the mandated time the
Complainant filed a Complaint under Section 18 of the RTI Act before the Commission. On this basis,
the Commission issued a notice to the Respondent PIO on 30/06/2011 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.
In view of the aforesaid, the PIO is hereby directed to provide the complete information with
respect to the RTI Application dated 02/12/2010 to the Complainant before 8th September 2011 with a
copy to the Commission.
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From the facts before the Commission, it appears that the Respondent has not provided
the correct and complete information within the mandated time and has failed to comply with
the provisions of the RTI Act. The delay and inaction on the Respondent’s part in providing the
information, amounts to willful disobedience of the Commission’s direction and also raises a
reasonable doubt that the denial of information may be malafide.
The Respondent is hereby directed to submit before this Commission 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 the delay caused in
providing information to the Complainant should not be taken. This should reach the
Commission before 15th September 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.
Shailesh Gandhi
Information Commissioner
18th August 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)
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