CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/000503/8061
Complaint No. CIC/SG/C/2010/000503
Complainant : Mr. Amarjeet Singh
304, Nanagla Thakran
New Delhi-110039
Respondent : Public Information Officer
SDM (Narela)
BDO Office Complex
Narela at Alipur
New Delhi-110036
Facts
arising from the Complaint:
Mr. Amarjeet Singh had filed a RTI application with the PIO/SDM (Narela),
GNCTD on 21/01/2010 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/SDM (Narela), GNCTD on 28/04/2010 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 21/01/2010 to the Complainant before
28/06/2010 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
07/07/2010 at 10.30 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
08 June 2010
Encl: RTI Application dated 21/01/2010.
(In any correspondence on this decision, mention the complete decision number.)(SP)
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