CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000531/13945
Complaint No. CIC/SG/C/2011/000531
Complainant : Mr. Pratap Singh Gandas
33A/9, Village Kishangarh,
Vasant Kunj, New Delhi-110070
Respondent : Public Information Officer
Municipal Corporation of Delhi,
O/o the Deputy Commissioner,
South Zone, Green Park,
New Delhi-110016
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the Respondent PIO on 20/04/2011 asking
for certain information. On not having received any information within the mandated time the
Complainant filed a Complaint under Section 18 of the RTI Act before the Commission. On this basis,
the Commission issued a notice to the Respondent PIO on 01/06/2011 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 with
respect to the RTI Application dated 20/04/2011 to the Complainant before 28th August 2011 with a
copy to the Commission.
From the facts before the Commission, it appears that the Respondent has 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 Respondent’s part in providing the
information, amounts to willful disobedience of the Commission’s direction and also raises a
reasonable doubt that the denial of information may be malafide.
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The Respondent is hereby directed to submit before this Commission his written submissions
to show cause why penalty should not be imposed and disciplinary action should not be recommended
against him under Section 20 (1) and (2) of the RTI Act for the delay caused in providing information
to the Complainant. This should reach the Commission before 30th August 2011.
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
8th August 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)
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