CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000054/ 11735
Complaint No. CIC/SG/C/2011/000054
Complainant : Mr. Sharvan Kumar Bhola,
D-1859 Jahangir Puri,
Delhi-110033
Respondent (1) : Deemed PIO & Executive Engineer (M) - I
Municipal Corporation Delhi,
Civil Line Zone, 16 Rajpur Road,
Delhi-110054
Respondent (2) : PIO & Veterinary Officer,
Municipal Corporation Delhi,
Civil Line Zone, 16 Rajpur Road,
Delhi-110054
Respondent (3) : PIO & Superintending Engineer
Municipal Corporation Delhi,
Civil Line Zone, 16 Rajpur Road,
Delhi-110054
Facts
arising from the Complaint:
The Complainant had filed an RTI application with the PIO, Civil Line Zone on 19/11/2010 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 said PIO on 14/01/2010 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 the submissions of the Respondent no. 1 vide letter dated
09/02/2011, where in it has been stated that the said RTI application was received in his office on
02/02/2011 from the Respondent no. 3 and thereafter reply was sent vide letter dated 07/02/2011.
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The Commission is also in receipt of the submissions of Respondent no. 2 vide letter dated
11/02/2011, wherein it has been stated that the RTI was received from the Respondent no. 3 on
03/01/2011 and thereafter reply was sent vide letter dated 07/02/2011.
The information supplied by Respondent no. 1 and 2 appears to be satisfactory, however it is
observed that the Respondent no. 3 has not sent any explanation for causing the delay.
Decision:
The Complaint is allowed.
The issue before the Commission is of not providing the requisite information by the
Respondent no. 3 PIO & SE, within 30 days, as required by law.
From the facts before the Commission, it appears that the Respondent has not provided the correct
and complete information within the mandated time and has failed to comply with the provisions of
the RTI Act. The delay and inaction on the Respondent’s part in providing the information raises a
reasonable doubt that the denial of information may be malafide.
In view of the above, the Respondent no. 3 – PIO & SE, is hereby directed to send his 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. This should be sent to
the Commission by 20th April 2011.
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
30th march 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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