CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001581/8424
Complaint No. CIC/SG/C/2009/001581
Complainant : Mr. Sanjay Kumar Choubey
House No.B-5, GK-II Enclave
New Delhi-110048
Respondent : Public Information Officer
O/o the Deputy Commissioner
Municipal Corporation of Delhi
South Zone, Near Uphaar Cinema
Green Park, New Delhi-110016
Facts
arising from the Complaint:
Mr. Sanjay Kumar Choubey had filed a RTI application with the PIO, MCD,
South Zone on 22/09/2009 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 PIO, O/o the Dy. Commissioner, MCD, South Zone on 08/01/2010
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 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. Further, the Complainant has also informed the Commission that he has not
received any information till date.
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 22/09/2009 to the Complainant before
25/07/2010 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 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 present himself before the Commission on
02/08/2010 at 11.30 am along with his written submissions to show cause why penalty
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should not be imposed and disciplinary action be recommended against him 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 the PIO 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
07 July 2010
Encl: RTI Application dated 22/09/2009.
(In any correspondence on this decision, mention the complete decision number.)(SP)
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