CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000958/9305
Complaint No. CIC/SG/C/2010/000958
Complainant : Col. Ujagar Singh (Retd.)
300, Sector - 29, Noida - 201303
Uttar Pradesh.
Respondent : Public Information Officer
GNCTD, District Forum South - II
C - 22-23, Qutab Institutional Area
Udyog Sadan, Mehrauli, New Delhi
Events Chronologically:
• RTI Application - 06/05/2010
• No information provided by the PIO
• Complaint - 06/07/2010
• Notice - 19/07/2010
- Information to be provided
to the Complainant before - 13/08/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 23/08/2010
• Response of the PIO
to the Notice - NIL
Facts
arising from the Complaint:
Col. Ujagar Singh (Retd.) had filed a RTI application in the District Forum South – II,
C – 22-23, Qutab Institutional Area, Udyog Sadan, Mehrauli, New Delhi, on 06/05/2010 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, GNCTD, District Forum South – II,
C – 22-23, Qutab Institutional Area, Udyog Sadan, Mehrauli, on 19/07/2010 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 has neither received a copy of the information sent to the
Complainant, nor has it received any explanation from the PIO, District Forum South – II,
Udyog Sadan, Mehrauli, 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, District Forum South – II, Udyog Sadan, Mehrauli, is
hereby directed to provide the complete information in regard to the RTI Application dated
06/05/2010 to the Complainant before 28/09/2010 with a copy to the Commission. From the
facts before the Commission, it appears that you have 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 PIO’s part in providing the information amounts to willful
disobedience of the Commission’s direction as well and also raises a reasonable doubt that the
denial of information may be malafide.
The PIO, GNCTD, District Forum South – II, C – 22-23, Qutab Institutional Area,
Udyog Sadan, Mehrauli, is hereby directed to present himself before the Commission on
26/10/2010 at 11:30 am along with his written submissions to show cause why penalty should
not be imposed and disciplinary action be recommended against him under Section 20 (1) and
(2) of the RTI Act. Further, the PIO may serve this notice to such person (s) who is
responsible for this delay in providing the information, and may direct them to be present
before the Commission along with the PIO on the aforesaid scheduled date and time. If the
information has already been supplied to the complainant, bring a copy of the same to the
Commission with your written submissions, and also proof of seeking assistance from other
person(s), if any.
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.
ShaileshGandhi
Information Commissioner
08/09/2010
Encl: RTI Application dated 06/05/2010.
(In any correspondence on this decision, mention the complete decision number.)(JA)