Central Information Commission Judgements

Mohd. Umar vs Municipal Corporation Of Delhi on 10 December, 2009

Central Information Commission
Mohd. Umar vs Municipal Corporation Of Delhi on 10 December, 2009
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                                  Decision No. CIC/SG/C/2009/001429/5788
                                                                    Complaint No. CIC/SG/C/2009/001429

Complainant                                      :          Mohd. Umar
                                                            A-139, Gali no. 3, Jagatpuri, Mandaoli Road,
                                                            Shahadara, Delhi-110093

Respondent                                        :         Public Information Officer
                                                            Municipal Corporation of Delhi
                                                            E. E. (B)-I, O/o S. E.-I/PIO,
                                                            Shahadara North Zone, Shahadara, Delhi

Facts

arising from the Complaint:

Mohd. Umar had filed a RTI application with the PIO-Assistant Commissioner,
MCD, Shahadara North Zone, Shahadara, Delhi on 28/07/2009 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 to the Commission on 15/10/2009. The Commission has
issued a notice to the PIO on 22/10/2009 asking him to supply the information and sought an
explanation for not furnishing the information within the mandated time.

The Commission has received a letter dated 10/11/2009 from E.E. (B)-I that the RTI
application dated 28/07/2009 of the Complainant has been sent to the Complainant on
04/08/2009. On perusal of the papers submitted by E.E. (B)-I as the deemed PIO the
Commission has observed that the information sent to the Complainant is incomplete. Hence
the Commission directs the PIO to provide the following information to the Complainant:

Query no. (5): List of names, designation and phone nos. of all senior & junior officers and
workers of building department, Shahadara North Zone.

Decision:

The Complaint is allowed.

The Commission directs the PIO to give the complete information to the Complainant
before December 30, 2009. The PIO’s action clearly amounts to denial of information without
any reasons. The PIO is therefore, asked 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 January 06, 2010.

If the information has already been supplied to the complainant, furnish a copy of the
same to the Commission with your written submission.

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
10 December 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)