CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001153/10065
Complaint No. CIC/SG/C/2010/001153
Complainant : Mr. Dhiraj Singh Panwar
B-20, Sector-1, Pkt.-00,
Rohini, Amrapali
New Delhi
Respondent : PIO & SDM (Haus Khas)
GNCTD
Office of SDM (Haus Khas),
Old Tehsil Building, Mehrauli,
New Delhi-110030
Events Chronologically:
• RTI Application - 14/06/2010
• Reply of the PIO - No reply
• Complaint - 03/09/2010
• Notice - 23/09/2010
- Information to be provided
to the Complainant before - 18/10/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 28/10/2010
• Response of the PIO
to the Notice - 23/10/2010
Facts
arising from the Complaint:
Mr. Dhiraj Singh Panwar had filed a RTI Application with the ADM, South on
14/06/2010. However on not having received the information within the mandated time,
he filed a complaint under Section 18 of the RTI Act with the Commission. On this basis,
the Commission issued a notice to the PIO & Office of ADM 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 received a letter dated 23/10/2010 from the PIO & SDM, South
wherein it was stated that all relevant documents have been inspected by the Complainant
and the same has been acknowledged by him. Further, the RTI Application dated
14/06/2010 and other similar RTI Applications dated 28/06/2010, 02/07/2010 and
02/08/2010 have been withdrawn by the Complainant vide letter 06/10/2010. On perusal
of the documents, it is observed that the information sought has been provided to the
Complainant.
However, the PIO 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.
Decision:
The complaint is allowed.
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 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 30/11/2010.
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.
Sh
ailesh Gandhi
Information Commissioner
18th November, 2010
(In any correspondence on this decision, mention the complete decision number.)(PA)