CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001487/12015
Complaint No. CIC/SG/C/2010/001487
Complainant : Mr. Vimal Kumar,
12/87 Geeta Colony,
Delhi - 110 031
Respondent : PIO & Marketing Manager,
Directorate of Agricultural Marketing,
Govt. of NCT of Delhi,
49 Sham Nath Marg, Old Secretariat,
Delhi - 110 054
Facts
arising from the Complaint:
The Complainant had filed a RTI application dated 27/08/2010
with the PIO Directorate of Agricultural Marketing, 5/9/ Under Hill Road, Delhi, 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 concerned PIO on 22/12/2010 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 is in receipt of a letter dated 04/1/2011 of the Respondent PIO, wherein certain
jurisdictional and administrative procedures have been provided. The Commission has not received any
explanation from the Respondent for not supplying the information to the Complainant within the
mandated time period. Therefore, the only presumption that can be made is that the Respondent has
deliberately and without any reasonable cause refused to give information as per the provisions of the
RTI Act. There appears to be a delay of over 100 days in responding to the said RTI application. It
appears that point wise specific information has not been provided to the Complainant till date.
Decision:
The Complaint is allowed
In view of the aforesaid, the PIO is hereby directed go thorough the RTI application properly and
provide point-wise and specific information to the Complainant before 30/05/2011, with a copy to
this Commission. Where no information is available on record, the same shall be categorically
stated to the Complainant. Further, with respect to query 3 of the RTI application, information
shall be provided to the complainant in the following format:
Date on which Name and designation of Action taken Date on which forwarded to
Complaint received The officer receiving it. Next officer/office.*there will be as many rows as the number of officers who handled the complaint.
Attested photocopies of all letters and notings will be provided.
Furthermore, the issue before the Commission is of not providing the requisite information by the
PIO within 30 days, as required by law.
From the facts before the Commission, it appears that the Respondent 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 Respondent’s part in providing the information raises a reasonable
doubt that the denial of information may be malafide.
The PIO is hereby directed to present himself before this Commission on 9th May 2011 at 3.00 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. The
PIO may serve this notice to any other official (s) who are responsible for this delay in providing
the information, and may direct them to be present before the Commission along with him on the
aforesaid scheduled date and time. The PIO shall also bring proof of seeking assistance from other
officials(s), if any.
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
15th April 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)