CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000563/8475
Complaint No. CIC/SG/C/2010/000563
Complainant : Ms. Quaiser Nasir
2473, Bara Dari
Ballimaran, New Delhi-110006
Respondent : Assistant Public Information Officer
House Tax Department
Municipal Corporation of Delhi
City Zone, Asaf Ali Road, Car Parking
New Delhi
Facts
arising from the Complaint:
Ms. Quaiser Nasir filed a RTI application with the PIO/Jt. Assessor and Collector, MCD, City Zone on
13/01/2010. Subsequently, the RTI Application was forwarded to the PIO/SE, MCD, City Zone for providing
information on Query No.4 of the RTI Application. 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, O/o the Deputy Commissioner, MCD, Rohini Zone
on 08/04/2010 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 02/06/2010 from the PIO/SE wherein it has been stated that
information has been provided to the Complainant vide a letter dated 17/05/2010, copy of which was
enclosed. Further, the PIO has stated that the onus for the delay in providing the information lies on the
deemed PIO/JE (B), Mr. Vikas Meena, MCD, City Zone. On perusal of the information it has been observed
that information provided is incomplete. For Query No. 2, 3 it has been stated that the information pertains to
house tax department. It has been observed by the Commission that the action taken report on the RTI
Application provided by the PIO suggests that the RTI Application was received in the house tax department
on 20/01/2010. However, there is no proof from the house tax department of having provided the relevant
information to the Complainant. Further, the Commission received a letter dated 19/05/2010 from the
Complainant alleging that information provided on Query No.4 is unsatisfactory. The Commission however
observes that information provided on the same is as per the provisions of the RTI Act.
From the statements of the PIO/SE it is apparent that the delay in providing the information lies with
the deemed PIO/JE(B). There are no explanations given by the deemed PIO for the same. There appears to be
a delay of above 60 days in responding to the RTI Application which is shown to have been received on
05/02/2010.
Decision:
The Complaint is allowed.
In view of the aforesaid, the APIO, House Tax Department is hereby directed to provide information
on Query No. 2 and 3 of the RTI Application to the Complainant before 29/07/2010 with a copy to the
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Commission. If the information has been already supplied to him, a copy of the information should be sent to
the Commission.
Further, from the facts before the Commission, it appears that the deemed PIO/JE(B) is guilty of not
furnishing the complete 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 PIO’s actions attract the
penal provisions and disciplinary action of Section 20 (1) and (2) of the RTI Act. The PIO is therefore, asked
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 04/08/2010.
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
Shailesh Gandhi
Information Commissioner
09 July 2010
CC:
Deemed Public Information Officer
JE(B), Municipal Corporation of Delhi
City Zone, Asaf Ali Road, Car Parking
New Delhi
( In any correspondence on this decision, mention the complete decision number.)(SP)
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