CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000783/14477
Complaint No. CIC/SG/C/2011/000783
Complainant : Mr. J.D Kataria
9398, Tokriwalan, Azad Market,
Delhi-110006
Respondent : APIO & Executive Engineer-I (Building),
Municipal Corporation of Delhi,
Shahdara (South) Zone, Near Karkardooma
Court, Shahdara, New Delhi
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO, Engineering Department, MCD,
Headquarter, Civic Centre, Delhi Gate, New Delhi on 11/05/2011 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 said PIO on 25/07/2011 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 is in receipt of the submissions of the Respondent vide letter dated
18/08/2011 wherein it has been stated that the requisite information with respect to the RTI application
was received by the Complainant personally on 14/07/2011 and again a copy of the same was sent to
the Complainant by speed post on 21/07/2011. However, the Respondent has not submitted any
explanations for the delay caused in providing information to the Complainant.
On perusal of the records before the Commission it is noted that the reply to query number 4, 5
and 6 of the RTI application are not appropriate.
Decision:
The Complaint is allowed.
In view of the aforesaid the Respondent is hereby directed to provide complete and specific
information with respect to query number 4, 5 and 6 of the RTI application dated 11/05/2011 to the
Complainant before 27th August 2011 with a copy to the Commission. The Respondent is also directed
that where information sought is not available on record he should clearly mention the same in his
reply.
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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.
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 September 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
7th September 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)
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