CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001030/9607
Complaint No. CIC/SG/C/2010/001030
Complainant : Mr. Kail Kumar,
New MCD Flat No. 101, Nimri Colony,
Phase- II, Delhi- 110052
Respondent : Public Information Officer &
Superintending Engineer,
Municipal Corporation of Delhi (KBZ),
Nigam Bhavan, D. B. Gupta Road,
Dev Nagar, New Delhi- 110005
Facts
arising from the Complaint:
The Complainant filed a RTI application with the Deputy Commissioner, MCD (KBZ)
on 07/06/2010 asking for certain information. However on not having received the
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 concerned PIO on 09/08/2010 with a direction to provide the information to the
Complainant before 03/09/2010 and further sought an explanation for not furnishing the
information within the mandated time.
On perusal of the papers, the Commission observed that by letter dated 17/08/2010, the
Commission’s notice along with the RTI application dated 07/06/2010 was forwarded to
the EE (B) by the PIO/SE. However, 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. Moreover, the Commission has
received a letter from the Complainant on 29/09/2010 alleging that the information
sought has not been provided till date. Therefore, the only presumption that can be made
is that the PIO has deliberately and without any reasonable cause refused to give
information as per the provisions of the RTI Act. Failure on the part of the PIO to
respond to the Commission’s notice shows that there is no reasonable cause for the
refusal of information.
Decision:
The Complaint is allowed. In view of the aforesaid, the PIO/SE is hereby directed to
provide the complete information in regard to the RTI application dated 07/06/2010 to
the Complainant before October 19, 2010 with a copy to the Commission.
From the facts before the Commission, it appears that the PIO/SE and the deemed
PIO/EE (B) have not provided the correct and complete information within the mandated
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time and has failed to comply with the provisions of the RTI Act. The delay and inaction
on the part of the PIO/SE and the deemed PIO/EE (B) 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 mala fide.
The PIO/SE and the deemed PIO/EE (B) are hereby directed to present themselves before
the Commission on November 18, 2010 at 2:30 pm along with their written submissions
to show cause why penalty should not be imposed and disciplinary action be
recommended against them under Sections 20(1) and 20(2) of the RTI Act. Further, the
PIO/SE and the deemed PIO/EE (B) may serve this notice to such person(s) who are
responsible for the 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 the 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 the RTI
Act.
Shailesh Gandhi
Information Commissioner
October 4, 2010
CC: The Deemed PIO/EE (B) (through PIO/SE, MCD (KBZ)).
Enclosed: RTI application dated 07/06/2010.
(In any correspondence on this decision, mention the complete decision number.)(DG)
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