CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001521/ 11635
Complaint No. CIC/SG/C/2010/001521
Complainant : Mr. Mukesh Vaid
7/76 B Bhim Gali
Vishwas Nagar, Shahdara,
Delhi-32
Respondent : Public Information Officer
Municipal Corporation of Delhi
O/o the Dy. Commissioner Shahdara
South Zone, Karkardooma, Shahdara,
Delhi
Facts
arising from the Complaint:
The Complainant had filed a RTI application dated 24/09/2010 with the PIO 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
before this Commission. On this basis, the Commission issued a notice on 21/12/2010
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.
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 24/09/2010 to the Complainant
before 10/04/2011 with a copy to the Commission.
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The PIO is also directed to send his written submissions to show cause why
penalty should not be imposed and disciplinary action recommended against him
under Section 20 (1) and (2) of the RTI Act should not be taken. This should be
sent to the Commission by 15/04/ 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
23rd March 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)
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