CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/000540/12293
Complaint No. CIC/SG/C/2010/000540
Complainant : Mr. Param Jit Singh
1352 II/13 Govind Puri
New Delhi-110019
Respondent : APIO & FSO- Circle-51,
Deptt. of Food Supplies & Consumer
Affairs, Govt of NCT of Delhi
C-125, DDA Flats,
Kalkaji, New Delhi.
Facts
arising from the Complaint:
Mr. Param Jit Singh filed a RTI application with the APIO, FSO, Kalkaji, New
Delhi on 23/02/2010 asking for certain information. 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 APIO, FSO, Kalkaji, New Delhi on 23/09/2010 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 received a copy of letter dated 13/10/2010 from Mr. K.S.
Chugh, FSO(Circle-53)(Link officer Circle-51), O/o Circle-51, Kalkaji, New Delhi,
wherein it has been stated that some records were stolen before 16/06/2010 and the FIR
had already been lodged in this connection. It has also been mentioned that as per the
records available in Circle-51, an APL card no. 51470868 had already been delivered to
the Complainant on 20/07/2010.
On perusal of the letter dated 13/10/2010, it has been observed that the Link
officer Circle-51 Mr. K.S. Chugh nowhere mentioned whether any information has been
provided to the Complainant in respect to the RTI application dated 23/02/2010. The FSO
Mr. Chugh did not enclose the copy of so claimed FIR with the letter dated 13/10/2010.
Decision:
The Complaint is allowed.
In view of the aforesaid, the APIO & FSO(Circle-51) is hereby directed to
provide the complete information in regard to the RTI Application dated 23/02/2010 to
the Complainant before 21/05/2011 with a copy to the Commission. From the facts
before the Commission, it appears that no information has been provided within the
mandated time and the APIO & FSO(Circle-51) has failed to comply with the provisions
of the RTI Act. The delay and inaction on the APIO’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 APIO is hereby directed to appear before the Commission on 24/05/2011 at
03:00pm alongwith his written submissions to show cause why penalty should not be
imposed and disciplinary action should not be recommended against him under Section
20 (1) and (2) of the RTI Act for not providing the information within the stipulated time
period as per the RTI Act. The APIO is further directed to come before the Commission
alongwith the copy of proof of having given the information earlier to the Complainant, if
any.
If there are other persons responsible for the delay in providing the information
to the Complainant the APIO is directed to inform such persons of the show cause
hearing and direct them to appear before the Commission with him.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
06 May 2011
Encl: Copy of RTI application dated 23/02/2010
(In any correspondence on this decision, mention the complete decision number.)(RA)