CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000426/13698
Complaint No. CIC/SG/C/2011/000426
Complainant : Mr.Irshad
C-959, Gali No. 161, Near
Madina Masjid, Shri Ram Colony,
Khajuri Khas, Delhi
Respondent : Public Information Officer,
Consumer Affairs, Food & Civil Supplies,
Government of NCT Delhi,
O/o the Assistant Commissioner (North East),
Wavers Complex, Nand Nagri,
Delhi- 110093
Facts
arising from the Complaint:
The Complainant had filed a RTI application dated 25/03/2011 with the Respondent PIO 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 before this Commission. On this basis,
the Commission issued a notice to the Respondent PIO on 11/05/2011 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 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 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 is hereby directed to provide the complete information in regard
to the RTI Application dated 25/03/2011 to the Complainant before 14/08/2011 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 has failed to comply with the provisions of the
RTI Act. The delay and inaction on the PIO’s part 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 send his written submissions to the Commission before 20/08/2011
to show cause why penalty should not be imposed and disciplinary action be not recommended against
him under Section 20 (1) and (2) of the RTI Act. If the information has already been supplied to the
complainant, send a copy of the same to the Commission with your written submissions, and also copy
of 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.
Shailesh Gandhi
Information Commissioner
27 July 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)