CENTRAL INFORMATION COMMISSION
Club Building, Near Post office
Old JNU Campus, Opp. Ber Sarai Market
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC/SG/C/2009/000616/4087
Complaint No. CIC/SG/C/2009/000616
Complainant : Mr. Vijay Chopra
1398/95, Tri Nagar
Ganesh Pura-A, Delhi
Respondent : The Public Information Officer
GNCT of Delhi
O/o Chief Engineer, PWD
Maintenance Zone M-3
5th Floor, MSO Building, New Delhi-02
Facts
arising from the Complaint:
Mr. Vijay Chopra had filed a RTI application with the PIO at the O/o of the Chief Engineer,
PWD Maintenance Zone New Delhi on 09/03/2009 asking for certain information. Since no reply was
received within the mandated time of 30 days, he had filed a complaint under Section 18 to the
Commission. The Commission issued a notice to the PIO on 09/06/2009 asking him to supply the
information and 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 derived is that the PIO has deliberately and without any
reasonable cause refused to give information as per the provisions of the RTI Act. His failure to
respond to the Commission’s notice shows that he has no reasons for the refusal of information.
Decision:
The Complaint is allowed.
The PIO is directed to provide the information to the Appellant before 25 July, 2009.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within 30
days, as per the requirement of the RTI Act. It appears that the PIO’s actions attract the penal
provisions of Section 20 (1) and Section 2 (2).
He will present himself before the Commission on 28/08/2009 at 02:30pm to show cause why
penalty should not be levied on him for defying the provisions of the RTI Act, 2005. The PIO will also
submit written explanation.
Shailesh Gandhi
Information Commissioner
July 13, 2009.
(For any further communication with the Commission please mention the decision No. given at the top.)