CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000837/9313
Complaint No. CIC/SG/C/2010/000837
Complainant : Mr. Prajapati Haldar,
B-877, J.J.Colony, Savda Ghevra,
New Delhi-110 081
Respondents : (1) PIO & Assistant Commissioner (North West),
Department of Food and Supplies,
Government of NCT of Delhi
C- Block, Pocket -C
Shalimar Bagh, New Delhi-110088
(2) Deemed PIO & F.S.O
Department of Food and Supplies,
Government of NCT of Delhi
F.S.O Circle - 08, Rajendra Park,
Mundka, Nangloi, New Delhi-110081
(3) Deemed PIO & Inspector,
Department of Food and Supplies,
Government of NCT of Delhi
F.S.O Circle - 08, Rajendra Park,
Mundka, Nangloi, New Delhi-110081
Facts
arising from the Complaint:
Ms. Prajapati Haldar, had filed an RTI application with the
Public Information Officer, Department of Food and Supplies, Govt. of NCT of Delhi Shalimar
Bagh, Delhi on 23/12/2009 asking for certain information. However, on not having received any
information within the mandated time she filed a complaint under Section 18 of the RTI Act with
this Commission. On this basis, the Commission issued a notice to the PIO on 28/06/2010 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 is in receipt of a copy of letter dated 17/07/2010 from the deemed PIO
& FSO, Circle – 8; wherein the information has been provided to the Complainant. This was
done pursuant to the Notice sent by this Commission. The Commission has also received an
explanation for the delay on part of both the deemed PIO’s i.e. the FSO and the Inspector. The
Commission observes that appropriate information has not been provided with respect to Query
no. 01, 02, 03 and 04 of the RTI application. The deemed PIO should have sought assistance
under Section 5 (4) of the RTI Act from the concerned official(s) who could be the custodian of
the information sought and thereby making it available to the Complainant
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Further more, the explanation received from both the deemed PIO’s does not appear
reasonable enough for causing delay of such a long duration. Prima Facie, there appears to be a
delay of over 180 days in providing the information with regard to the RTI Application.
Decision:
The Complaint is allowed.
In view of the aforesaid, the deemed PIO & FSO is hereby directed to seek assistance
under Section 5(4) of the RTI Act from the concerned officials(s) and provide the certified
copies of the information to the Complainant before 27/09/2010 with a copy to this Commission.
Further, from the facts before the Commission it is apparent that the PIO and both the deemed
PIO’s have failed to comply with the provisions of the RTI Act and are guilty of not furnishing
the information within the time limit specified under sub-section (1) of Section 7, by not replying
within 30 days, as per the mandate of the Act. It appears that the PIO’s actions attract the penal
provisions and disciplinary action of Section 20 (1) and (2).
The PIO & AC (North West), deemed PIO & FSO and deemed PIO & Inspector are
hereby directed to be present before this Commission on 4th October 2010 at 04:30 pm along
with written submissions to showcause why penalty should not be imposed and disciplinary
action recommended against them under Section 20 (1) and (2) of the RTI Act. Further, the PIO
and deemed PIO’s are directed to serve this notice to any other official(s) who are responsible
for this delay in providing the information, and direct them to be present before the Commission
along with them on the aforesaid scheduled date and time. The PIO’s should also bring along
proof of seeking assistance from other official(s), if any.
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
08 September 2010
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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