CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001330/5673
Complaint No. CIC/SG/C/2009/001330
Complainant : Mr. Dinesh Chand Jain,
House no.2, Double Storey,
Welcome, Phase-III, Delhi-110053
Respondent : Public Information Officer
Municipal Corporation of Delhi
Shahadara North Zone, Keshav Chowk,
Opp. Welcome Metro Station, Shahdara,
Delhi-110053
Facts
arising from the Complaint:
Mr. Dinesh Chand Jain had filed a RTI application with the PIO-MCD, Shahadara North
Zone, Keshav Chowk, Opp. Welcome Metro Station, Shahadara, Delhi on 08/06/2009 asking for
certain information. Since no reply was received within the mandated time of 30 days, he had
filed a complaint under Section 18 to the Commission on 22/09/2009. The Commission issued a
notice to the PIO on 15/10/2009 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 made 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 December 14,
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 December 21, 2009.
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
24 November 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)