CENTRAL INFORMATION COMMISSION
Room no.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110066.
Tel : + 91 11 26161796
Decision No. CIC /WB/C/2007/00739/SG/0542
Complaint No. CIC/WB/C/2007/00739/SG
Complainant : Mr. Dig Pal Singh,
E-771G Gali No. 1,
West Vinod Nagar,
Delhi-110092
Respondent : Public Information Officer,
Director (Primary Education),
MCD, Kashmiri Gate,
Delhi-110092
Facts
arising from the Complaint:
Mr. Dig Pal Singh had filed a RTI application with the PIO, Director (Primary Education
MCD, Delhi on 21/08/2007 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 10/11/2008 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 will send the complete information to the complainant before January 5, 2009. The
PIO’s action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to show cause as to why penalty should not be imposed and disciplinary
action be recommended against him under Section 20 (1) of the RTI Act. He will present
himself before the Commission at the above address on January 15, 2009 at 9:30 am along
with his written submissions.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
15th December, 2008.
(In any correspondence on this decision, mention the complete decision number)