CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000026/11585
Complaint No. CIC/SG/C/2011/000026
Complainant : Mr. Rajkumar Dixit,
19, Tyagi Hostel Market,
W.K. Road, Meerut
Uttar Pradesh.
Respondent : Public Information Officer,
Municipal Corporation of Delhi,
O/o the Dy. Commissioner
Town Hall, Chandni Chowk,
Delhi - 110006
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO, Chief Minister’s Office on
13/08/2010 asking for certain information. The RTI application was subsequently transferred
to the Respondent PIO on 20/08/2010. 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 Respondent on
08/01/2011 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 has neither received a copy of the information sent to the
Complainant, nor has it received any explanation from the PIO 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.
The PIO is hereby directed to provide the complete information with respect to the RTI
Application dated 13/08/2010 to the Complainant before 10th April 2011 with a copy to
this Commission.
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The PIO’s action clearly amounts to denial of information without any reasons.
He 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. It
appears that the actions of the PIO attract the penal provisions and disciplinary action
of Section 20 (1) and (2) of the RTI Act. The PIO is hereby directed to be present before
this Commission on 18/04/2011 at 2.30 pm along with written submissions to show cause
why penalty should not be imposed and disciplinary action recommended against him
under Section 20 (1) and (2) of the RTI Act. Further, the PIO may serve this notice to
any other official (s) who are responsible for not providing the information, and may
direct them to be present before the Commission along with the PIO on the aforesaid
scheduled date and time.
This decision is announced in open chamber.
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.
Shailesh Gandhi
Information Commissioner
21st March 2011
(In any correspondence on this decision, mention the complete decision number.)(CK ANP)
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