Dr Anand Prakash Sharma vs Mcd on 28 April, 2009

                       CENTRAL INFORMATION COMMISSION
                              Room No. 415, 4th Floor,
                            Block IV, Old JNU Campus,
                                New Delhi - 110067.
                               Tel : + 91 11 26161796

                                                              Decision No. CIC/SG/C/2009/000083/2976
                                                                Complaint No. CIC/SG/C/2009/000083

Complainant                                :        Dr Anand Prakash Sharma,
                                                    3405, Nicholson Road, Kashmere Gate,
                                                    Delhi -110006.

Respondent                                  :       Public Information Officer,
                                                    Assistant Commissioner (Land & Estate),
                                                    MCD Town Hall, Delhi -110006.
Facts arising from the Complaint:
        Dr. Anand Prakash Sharma had filed a RTI application with the PIO, Municipal
Corporation of Delhi, Town Hall, Delhi on 20/08/2008 asking for certain information. Since no
reply was received within the mandated time of 30 days, he had filed a complaint under Section
18 to the Commission. The Commission issued a notice to the PIO on 25/02/2009 asking him to
supply the information and 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 derived is that the PIO has deliberately
and without any reasonable cause refused to give information as per the provisions of the RTI
Act. His failure to respond to the Commission's notice shows that he has no reasons for the
refusal of information.

Decision:
The Complaint is allowed.
       The PIO will send the complete information to the complainant before May 20, 2009.
The PIO's action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to submit a written explanation showing 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 May 25, 2009.
       If the information has already been supplied to the complainant, furnish a copy of the
same to the Commission with your written submission.

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

Shailesh Gandhi
Information Commissioner
April 28, 2009.

For any further communication with the Commission please mention the decision No. given at the top.