Central Information Commission Judgements

Mr. Kuldeep Singh Yadav vs Municipal Corporation Of Delhi on 5 January, 2010

Central Information Commission
Mr. Kuldeep Singh Yadav vs Municipal Corporation Of Delhi on 5 January, 2010
                              CENTRAL INFORMATION COMMISSION
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                                Old JNU Campus, New Delhi - 110067
                                       Tel: +91-11-26161796

                                                                               Decision No. CIC/SG/C/2009/001585/6278
                                                                                 Complaint No. CIC/SG/C/2009/001585

Complainant                                            :           Mr. Kuldeep Singh Yadav
                                                                   B-116, Shiv Park
                                                                   Nangloi, New Delhi-110041

Respondent                                              :          Public Information Officer
                                                                   Supertdg. Engineer-II
                                                                   O/o the Suptdg. Engineer-II (West Zone)
                                                                   Municipal Corporation of Delhi
                                                                   Vishal Enclave,Rajouri Garden,
                                                                   New Delhi

Facts

arising from the Complaint:

Mr. Kuldip Singh Yadav had filed a RTI application with the PIO, ADC(West),MCD on
28/10/2009 asking for certain information. Since no reply was received within the mandated time
of 30 days, he had filed a Complaint under Section 18 of the RTI Act with the Commission on
16/11/2009. On this basis, the Commission issued a notice to the PIO, O/o the Deputy
Commissioner, MCD (West Zone) on 18/11/2009 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 received a letter dated 09/12/2009 from the SE-I (West), wherein copy
of information provided to the Complainant vide a letter dated 08/12/2009 was enclosed.
Subsequently, the Commission received a letter dated 15/12/2009 from the SE-II
(West),wherein copy of information provided to the Complainant vide a letter dated 10/12/2009
was enclosed. On perusal of the information it has been observed that information provided by
SE-II (West) in regard to Query No.2 vide his letter dated 10/12/2009 is incomplete and
inappropriate. The PIO should seek assistance under Section 5(4) and provide the complete
information to the Complainant.

Decision:

The Complaint is allowed.

The SE-II (West) is directed to provide the complete and correct information in regard to
Query No.2 of the RTI application to the Complainant before 02/02/2010.Proof of dispatch of
information should be sent to the Commission before 06/02/2010. Further, the PIO is directed to
submit a written explanation to show cause as to why penalty should not be imposed and
disciplinary action be recommended against him under Section 20 (1) & (2) of the RTI Act
before 06/02/2010.

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
05/01/2010
(For any further correspondence in this matter, please quote the file no. mentioned above)(SP)