CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001238/10506
Complaint No. CIC/SG/C/2010/001238
Complainant : Mr. Uday Singh,
E-block, 1134, Jahangir puri,
Delhi- 110033.
Respondent : Assistant Public Information Officer,
Food & Supply Department,
Government of NCT of Delhi,
23/26, Shopping Complex,
Gulabi Bagh, Delhi.
Facts
arising from the Complaint:
Mr. Uday Singh filed a RTI application with the APIO, F&S Dept, GNCTD on
04/08/2010 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/Asst. Commissioner (NZ), GNCTD on 21/10/2010 with a direction to provide
the information to the Complainant and further sought an explanation for not furnishing
the information within the mandated time.
A letter dated 20/11/2010 from the PIO/ Asst. Commissioner (NZ) F&S Dept,
GNCTD has been received in the Commission on 25/11/2010. It has been stated therein
that the Applicant had been allotted ID No. 940 after receipt of RTI Application in the
office. The requisite information was obtained from Circle-2 and the same was forwarded
to the Applicant vide office letter no. 1260 dated 20.09.2010 through UPC. Further it has
been stated that APIO/FSO will start processing the case for preparation of AAY ration
card in compliance of the FAA’s orders dated 18.10.2010(copy enclosed). A fresh reply
to the Applicant intimating the same has also been furnished (copy enclosed).
Decision:
The Complaint is allowed.
The issue before the Commission is of not supplying the complete, required
information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO/Asst.
Commissioner (NZ), GNCTD is guilty of not furnishing information within the time
specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. The PIO has responded to the RTI Application dated
04.08.2010, after a lapse of more than 75 days, on 20.11.2010 which amounts to an
unreasonably long period of delay. 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 PIO is hereby directed to present himself before the Commission on 12/01/2011 at
03:00 PM along with his written submissions and a copy of dispatch proof of office letter
no. 1260 dated 20.09.2010 that he asserts was sent in response to the RTI Application to
show cause why penalty should not be imposed and disciplinary action be not
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 are responsible for this delay in providing the
information, and direct them to be present before the Commission along with the PIO on
the aforesaid scheduled date and time. The PIO should also bring along 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.
Shailesh Gandhi
Information Commissioner
20 December 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)