CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001194/10326
Complaint No. CIC/SG/C/2010/001194
Complainant : Mr. Sunil Kumar Sharma,
9561, Azad Market, Library Road,
Delhi - 110 006
Respondent : PIO & Assistant Commissioner,
Municipal Corporation of Delhi,
Sadar Paharganj Zone,
Idgah Road, Near Police Station,
Sadar Bazar, Delhi - 110 006.
Facts
arising from the Complaint:
Mr. Sunil Kumar Sharma had filed a RTI application dated 30/04/2010 with the PIO MCD, Town
Hall, 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 with the
Commission. On this basis, the Commission issued a notice to the aforementioned respondent PIO on
01/10/2010 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 in
regard to the RTI Application dated 30/04/2010 to the Complainant before 30/12/2010 with a copy to
the Commission. From the facts before the Commission, it appears that the PIO 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 PIO’s part in providing the information
amounts to willful disobedience of the Commission’s direction as well and also raises a reasonable
doubt that the denial of information may be malafide.
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The PIO is hereby directed to present himself before this Commission on 05/01/2011 at 3.30 pm along
with 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. Further, the PIO may serve
this notice to such official (s) who are responsible for this delay in providing the information, and may
direct them to be present before the Commission along with the PIO on the aforesaid scheduled date
and time. The PIO shall also bring proof of seeking assistance from other officials(s), if any. The PIO
shall also bring along with him the copy of Speed Post receipt as proof of dispatch of the information.
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
6th December 2010
Encl: RTI Application dated 30/04/2010.
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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