CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000560/8337
Complaint No. CIC/SG/C/2010/000560
Complainant : Ms. Prem Lata
C/o Fodra, Gali no.12, Rana Mohalla,
Savoli, Delhi-110093.
Respondent : Public Information Officer &
Asst. Commissioner (NE)
Deptt. of Food & Supplies
Government of N.C.T. of Delhi
DC Office Complex, Nand Nagri,
New Delhi- 110093.
Facts
arising from the Complaint:
Ms. Prem Lata had filed an RTI application with the PIO, Department of Food &
Supplies, Delhi on 16/03/2010 asking for certain information. Since no reply was received by
her, she filed a Complaint under Section 18 of the RTI Act with the Commission on 29/05/2010.
On this basis, the Commission issued a notice to the PIO, O/o Assistant Commissioner (North
East), Department of Food & Supplies, Delhi on 01/05/2010 with a direction to provide the
information to the Complainant and further sought an explanation for not furnishing the
information within the mandated time.
Subsequently, the Commission received a copy of a letter dated 11/05/2010 from the
PIO/ Assistant Commissioner (North East), Department of Food & Supplies, Delhi marked to the
Complainant. Therein, it was stated that the information as received by the deemed
PIO/Inspector, Circle 68, Department of Food & Supplies, Delhi had been provided to the
Complainant vide letter dated 16/04/2010. A copy of the information provided to the
Complainant was also enclosed. On perusal of the information it was found that the information
provided by the PIO and the deemed PIO is largely inappropriate and incomplete. On Query
No.1 the PIO should have clearly stated the daily progress of the Complainant’s letter with
regard to which she was seeking information. On Query No.2 the PIO should have accordingly
provided the information. On Query No.4 instead of giving reference of the GNCTD website the
PIO should have provided the information as was sought. Further, the Commission received a
letter dated 25/05/2010 from the Complainant alleging that information provided is irrelevant
and not answering what was sought in the RTI Application.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO/Assistant Commissioner(North East), Department of
Food & Supplies, Delhi is hereby directed to provide the correct and complete information as
mentioned above in regard to the RTI Application dated 16/03/2010 to the Complainant before
18/07/2010 with a copy to the Commission. From the facts before the Commission, it appears
that you have not provided the correct and complete information within the mandated time and
have failed to comply with the provisions of the RTI Act. The delay and inaction on the part of
the PIO in providing the information amounts to willful disobedience of the Commission’s
direction as well and also raises a reasonable doubt that the denial of information may be
malafide.
The PIO is hereby directed to present himself before the Commission on 23/07/2010 at
03.00 pm along with their submissions to show cause why penalty should not be imposed and
disciplinary action be recommended against them under Section 20 (1) and (2) of the RTI Act.
Further, the PIO may serve this notice to such person(s) who are responsible for this delay in
providing the information, and may direct them to be present before the Commission along with
them on the aforesaid scheduled date and time. If the information has already been supplied to
the complainant, bring a copy of the same to the Commission with your written submissions, and
also proof of seeking assistance from other person(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
29 June 2010
(In any correspondence on this decision, mention the complete decision number.)(ND)