Central Information Commission Judgements

Mr.Dinesh Kumar vs Mcd, Gnct Delhi on 24 June, 2011

Central Information Commission
Mr.Dinesh Kumar vs Mcd, Gnct Delhi on 24 June, 2011
              CENTRAL INFORMATION COMMISSION
                   Club Building (Near Post Office)
                 Old JNU Campus, New Delhi - 110067
                        Tel: +91-11-26161796

                                          Decision No. CIC/SG/C/2011/000250/13073
                                              Complaint No. CIC/SG/C/2011/000250

Complainant                         :      Mr. Dinesh Kumar
                                           2469, Gali Munde Wali
                                           Sadar Bazar, New Delhi-110006



Respondent    (1)                   :      Public Information officer/SE-RZ-I
                                           O/o the Superintending Engineer
                                           Municipal Corporation of Delhi,
                                           Rohini Zone, Zonal Office Building
                                           Sector-5, New Delhi -110085

Respondent    (2)                          Assistant Public Information officer-I
                                           Executive Engineer (Building-I)
                                           Municipal Corporation of Delhi,
                                           Rohini Zone, Zonal Office Building
                                           Sector-5, New Delhi -110085


Facts

arising from the Complaint:

Mr. Dinesh Kumar had filed a RTI application dated 17/01/2011 with the PIO,
Municipal Corporation of Delhi, Rohini Zone , Delhi, asking for certain information. On
not having received any 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 05/04/2011 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 received a copy of letter dated 28/04/2011 from the
Respondent vide which information procured from the APIO-I/EE (B-I) has been
provided to the Complainant with regard to the RTI Application dated 17/01/2011.
Further, the Commission received a copy of letter dated 24/04/2011 vide which the
Commission’s notice dated 05/04/2011 has been served to the APIO-I/EE (B-I) for
necessary action.

There appears to be a delay of over 60 days in providing the information to the
Complainant. The Commission has received no explanation to this effect from the PIO or
the APIO-I/EE (B-I) for such delay.

Decision:

The Complaint is allowed.

From the facts before the Commission, it appears that both the Respondents have
not provided information within the mandated time and have failed to comply with the
provisions of the RTI Act. In view of this, both the PIO/SE-RZ-I and APIO-I/EE (B-I)
are hereby directed to send their written submissions to the Commission before
16/07/2011 showing cause as to why penalty should not be imposed and disciplinary
action be not recommended against them under Section 20 (1) and (2) of the RTI Act for
not providing the information to the Complainant within the stipulated time.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
24 June 2011

(In any correspondence on this decision, mention the complete decision number.)(SP)