CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000090/12421
Complaint No. CIC/SG/C/2011/000090
Complainant : Sh. Krishan Kumar Suryavansi
H. No. 1X13092, Gali No.3, Dharampura
Gandhi Nagar, Delhi-110031
Respondent : PIO & Suptd. Engineer-I,
O/o Superintending Engineer-I,
Municipal Corporation of Delhi
Shahdara South Zone,
Zonal Office Building, IIIrd Floor,
Karkardooma, Delhi-110092
Facts
arising from the Complaint:
Mr. Krishan Kumar Suryavansi filed a RTI application with the PIO, Shahdara
South Zone, Karkardooma New Delhi, on 16/10/2010, asking for certain information.
The said RTI application was forwarded to the Deemed PIO & EE (B)-I on 20/10/2010
and a copy of the letter was sent to the Complainant. 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 21/01/2011. On this basis, the Commission
issued a notice to the PIO, O/o Superintending Engineer-II, Shahdara South Zone on
27/01/2011 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 received a copy of the letter dated 11/02/2011 from PIO &
SE-I, Shahdara South Zone alongwith the reply as furnished by the Deemed PIO & EE
(B)-I. As per the letter, the reply has been sent to the Complainant on 11/02/2011. On a
perusal of the reply it has been observed that the requisite information was provided to
the Complainant. However the reasons for the delay have not been mentioned.
Decision:
The Complaint is allowed.
The issue before the Commission is of not supplying the information by the Deemed
PIO & EE(B)-I within 30 days as required by the law.
From the facts before the Commission it is apparent that the Deemed PIO & EE(B)-I is
guilty of not furnishing the information within the time specified under subsection (1) of
Section (7) by not replying within 30 days as per the requirement of the RTI Act. It
appears that the PIO’s actions attract the penal provisions and disciplinary action of
Section 20 (1) and (2) of the RTI Act. The Deemed PIO & EE(B)-I is therefore, directed
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 08/06/2011.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
18 May 2011
(In any correspondence on this decision, mention the complete decision number.)(Rh)