CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000976/9430
Complaint No. CIC/SG/C/2010/000976
Complainant : Mr. R.D. Mishra
251-D, J&K, Dilshad Garden
Delhi-110095
Respondent : 1) PIO & Admn. Officer (E) I
MCD, Central Establishment Department
Town Hall, Delhi- 110006
2) Public Information Officer
Municipal Secretary Office, MCD
Town Hall, Chandni Chowk
Delhi- 110006
Events Chronologically:
• RTI Application - 01/06/2010
• No information provided by the PIO
• Complaint - 16/07/2010
• Notice - 23/07/2010
- Information to be provided
to the Complainant before - 17/08/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 27/08/2010
• Response of the PIO
to the Notice - 27/08/2010
Facts
arising from the Complaint:
Mr. R.D. Mishra filed a RTI application with the PIO, CED, MCD, Town Hall, Delhi, on 01/06/2010.
However on not having received further 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 PIO, CED, MCD, Press Building, Town Hall, Chandni Chowk, on 23/07/2010 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 received a letter dated 27/08/2010 form the PIO & Admn. Officer (E) I, MCD,
Central Establishment Department, Town Hall, wherein it was stated that a reply was provided to the
Complainant vide letter dated 20/07/2010. It was further stated that a delay ensued in providing information to
the Complainant within the stipulated time as initially the RTI Application was filed before the PIO,
Municipal Secretary Office on 04/06/2010. Thereafter, the Application was transferred to the PIO, CED, to
Page 1 of 2
provide information w.r.t. Query Nos. 5 to 9, and subsequently, this was forwarded to the concerned deptt.
vide letter dated 22/06/2010 to provide the requisite information to the Complainant. It was further stated that
on receiving the sought information from the concerned authority, the same was forwarded to the
Complainant vide letter dated 20/07/2010. On perusal of documents, the Commission observes that
information provided by the PIO, CED, MCD, w.r.t. Query Nos. 8 & 9 appear to be inappropriate and further
it is noted that the PIO, CED has failed to peruse the transfer application received by him from the PIO,
Municipal Secretary Office.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO & Admn. Officer (E) I, MCD, Central Establishment Department,
Town Hall, is directed to provide the information to the Complainant with regard to Query Nos. 8 & 9 of the
RTI Application dated 01/06/2010. The complete and correct information should be provided to the
Complainant before 10/10/2010. Proof of dispatch of information should be sent to the Commission before
15/10/2010. The PIO, CED is also directed to peruse the transfer application received by him from the PIO,
Municipal Secretary Office before this Commission by 15/10/2010. Further, the PIO & Admn. Officer (E) I,
MCD, Central Establishment Department, is directed to submit a written explanation to show cause as to why
penalty should not be imposed and disciplinary action be recommended against him under Section 20 (1) &
(2) of the RTI Act before 15/10/2010.
The PIO, Municipal Secretary Office, Town Hall, Chandni Chowk, is directed to provide the
information w.r.t. Query Nos. 1-4, 10 & 11 of the RTI Application dated 01/06/2010 to the Complainant
before 10/10/2010 and a copy to the Commission before 15/10/2010 along with proof of dispatch of the
above. If the information sought has already been furnished to the Complainant, then proof of the same should
be perused before this Commission before 15/10/2010. Further, if a transfer was made of the said RTI
Application then the same should be perused before this Commission along with the above.
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
20/09/2010
( In any correspondence on this decision, mention the complete decision number.)(JA)
Page 2 of 2